Florida Dept. of Labor & Employment
Security v. USDOL, 93-JTP-2 (ARB May 13, 1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 96-134
DATE: May 13, 1998
ALJ CASE NO. 93-JTP-2
In the Matter of:
FLORIDA DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY,
COMPLAINANT,
v.
UNITED STATES DEPARTMENT OF LABOR,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
SUPPLEMENTAL DECISION
The Administrative Review Board issued a Final Decision and Order (F.
D. and O.) in this case on November 27, 1996, affirming in part and reversing in part the
Administrative Law Judge's (ALJ) Decision and Order of May 13, 1996. We affirmed the
ALJ's allowance of costs funded by the Wagner-Peyser Act in the amount of $667,265 in
Finding 1, as well as his allowance of $245,414 in Finding 2, of the Grant Officer's Final
Determination. We also affirmed the Grant Officer's disallowance of $146,056 of costs
associated with contracts funded by the Job Training Partnership Act (JTPA) in Finding 1, and
his disallowance of costs in the amount of $119,520 in Finding 2. F. D. and O. at 6-7.
[Page 2]
The decision permitted the Complainant to submit additional
documentation of claimed actual costs that could be attributable to and allowable pursuant to
the JTPA contract referenced in Finding 1 of the F. D. and O. The decision required the
Grant Officer to review such submissions and report to us the final recommended amount of
the disallowance. Id. at 6. The Grant Officer completed his review of the
documentation submitted by the Complainant and issued a memorandum incorporating his
findings, dated March 16, 1998. That memorandum was forwarded to us by the Office of the
Solicitor on April 6, 1998.
The Grant Officer found that the documentation submitted by the
Complainant, amounting to a total of $86,475, lacked the necessary specificity to establish that
the claimed costs relate to the specific contracts in question. Therefore, the Grant Officer
recommended that the entire amount of the disallowance in Finding 1, $146,956, be affirmed.
The Grant Officer stated that some of the documentation submitted by
the Complainant related to the disallowance in Finding 2, and was therefore not considered
since it went beyond the scope of the F. D. and O.
This Supplemental Order constitutes the final agency order in this
matter.
ORDER
Pursuant to the information submitted by the Grant Officer's
Memorandum of March 16, 1998, we find that the Grant Officer properly disallowed
$146,056 in Finding 1, and reaffirm the Grant Officer's disallowance of $119,520 under
Finding 2. The State of Florida IS ORDERED to repay such amounts to the
United States Department of Labor in non-Federal funds.
