Cherokee Nation of
Oklahoma v. USDOL, 97-JTP-12 (ARB Dec. 23, 1997)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO.: 98-031
ALJ CASE NO.: 97-JTP-12
DATE: December 23, 1997
In the Matter of:
CHEROKEE NATION OF OKLAHOMA,
COMPLAINANT,
v.
UNITED STATES DEPARTMENT OF LABOR,
RESPONDENT,
and
DELAWARE TRIBE OF INDIANS,
PARTY-IN-INTEREST.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER ASSERTING JURISDICTION AND
ESTABLISHING A BRIEFING SCHEDULE
Upon consideration of the exceptions by counsel for the Cherokee
Nation of Oklahoma (Cherokee Nation) and pursuant to Section 166 of the Job Training
Partnership Act (JTPA), 29 U.S.C. §§ 1501, 1576 (1988), it is ORDERED that --
1. Jurisdiction is asserted in this case, and the decision of the
Administrative Law Judge is STAYED pending our final determination;
and
[Page 2]
2. The Cherokee Nation is invited to submit an Initial Brief on or before
30 days from thedate of this Order; the U. S.
Department of Labor and the Delaware Tribe Of Indians may submit
Response Briefs on or before 60 days after the date of this
Order; and the Cherokee Nation may submit a Reply Brief on or
before 80 days after the date of this Order. Initial and
response briefs shall be limited to 25 typed pages and the reply brief
shall be limited to 10 pages.1
The parties are reminded that pursuant to Section 166 of JTPA, 29
U.S.C. § 1576(c), if the Administrative Review Board does not issue a final decision
within 180 days of the date of this Order, the decision of the Administrative Law Judge
becomes final. Accordingly, requests for modification of this briefing schedule will be
disfavored and will not be granted absent good cause shown.
Filings shall be submitted to the Administrative Review Board, U.S.
Department of Labor, 200 Constitution Avenue, N.W., Room S-4309, Washington, D.C.,
20210.
SO ORDERED.
DAVID A. O'BRIEN Chair
KARL J. SANDSTROM Member
[ENDNOTES]
1 Pleadings are expected to
conform to the page limitations and should be prepared in Courier 12 point, 10 character-per-inch type
or larger, with minimum one inch left and right margins and minimum 1.25 inch top and bottom
margins, printed on 8 by 11 inch paper.