Central Valley Opportunity Center v.
USDOL, 95-JTP-9 (ALJ Feb. 6, 1998)
U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW, Suite 400-N
Washington, D.C. 20001-8002
ARB CASE NO.: 98-046
ALJ CASE NO. : 95-JTP-9
DATE: February 6, 1998
In the Matter of:
CENTRAL VALLEY
OPPORTUNITY CENTER,
COMPLAINANT,
v.
UNITED STATES DEPARTMENT OF LABOR,
RESPONDENT.
BEFORE: JOHN M. VITTONE
Chief Administrative Law Judge
ORDER
On November 17, 1997, Administrative Law Judge Edith Barnett
issued a Recommended Decision and Order in this matter. On December 8, 1997, the Grant
Officer filed a motion for reconsideration. On December 11, 1997, Judge Barnett died. On
December 23, 1997, the Administrative Review Board (ARB) issued an Order Asserting
Jurisdiction, stating that
Jurisdiction is asserted in this case to protect the Grant Officer's right to request review of
the decision of the Administrative Law Judge (ALJ) issued November 17, 1997, pending
the Grant Officer's Motion for Reconsideration of that decision.
The regulation at 29 C.F.R. § 18.30 provides that the Chief Administrative Law Judge may
designate another administrative law judge for the purpose of further hearing or appropriate
action in the event that the administrative law judge designated to conduct the hearing becomes
unavailable. The motion for reconsideration is primarily grounded in an alleged error of law.
As such, I decline to designate another administrative law judge to consider the motion. Under
the circumstances the ARB is the more proper authority to consider the Grant Officer's
exceptions to the recommended decision than would be an administrative law judge.
Accordingly, I decline to rule on the motion for reconsideration and return
this matter to the ARB for appropriate disposition.
