(a) An applicant for financial assistance under title I of WIA
which is dissatisfied because the Secretary has issued a determination
not to award financial assistance, in whole or in part, to such
applicant; or a recipient, subrecipient, or a vendor against which the
Grant Officer has directly imposed a sanction or corrective action,
including a sanction against a State under 20 CFR part 666, may appeal
to the U.S. Department of Labor, Office of Administrative Law Judges
(OALJ) within 21 days of receipt of the final determination.
(b) Failure to request a hearing within 21 days of receipt of the
final determination will constitute a waiver of the right to a hearing.
(c) A request for a hearing under this subpart must state
specifically those issues in the final determination upon which review
is requested. Those provisions of the final determination not specified
for review, or the entire final determination when no hearing has been
requested within the 21 days, are considered resolved and not subject
to further review. Only alleged violations of the Act, its regulations,
grant or other agreement under the Act fairly raised in the
determination, and the request for hearing are subject to review.
(d) A request for a hearing must be transmitted by certified mail,
return receipt requested, to the Chief Administrative Law Judge, U.S.
Department of Labor, Suite 400, 800 K Street, NW, Washington, DC 20001,
with one copy to the Departmental official who issued the
determination.
(e) The procedures set forth in this subpart apply in the case of a
complainant who has not had a dispute adjudicated under the alternative
dispute resolution process set forth in Sec. 667.840 of this part
within the 60 days, except that the request for hearing before the OALJ
must be filed within 15 days of the conclusion of the 60-day period. In
addition to including the final determination upon which review is
requested, the complainant must include a copy of any Stipulation of
Facts and a brief summary of proceedings.
