California Health & Welfare
Agency v. USDOL, 96-JTP-11 (ALJ Oct. 17, 1996)
UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002
Date: October 17, 1996
Case No.: 96-JTP-11
In the Matter of:
CALIFORNIA HEALTH AND WELFARE AGENCY,
Complainant,
v.
U.S. DEPARTMENT OF LABOR,
Respondent.
ORDER OF CLARIFICATION
The above-captioned matter is before the Office of Administrative Law
Judges upon Complainant's request for a hearing, and a Prehearing Order was issued on August 5,
1996. The Department of Labor's representative submitted a motion to clarify the notice
requirements in this Prehearing Order.
The Prehearing Order provides that "[t]he Grant Officer shall notify all
present and former applicants for the grant at issue of their opportunity to participate in the
hearing" and that the Grant Officer shall inform them that their entitlement to this grant and
future grants could be affected. The Department states that California is the only state which
appealed the Grant Officer's final decision by requesting a hearing. Because the other states did not
timely protest the determination, as required by 20 C.F.R. § 636.10(a)(1), the Department
suggests that they have waived any complaint with regard to the selection process in this case and
that participation by all these states (38) would be unnecessary and cumbersome. Thus, the
Department seeks verification that providing notice to these parties, which were not awarded grants
and which did not request a hearing, is not required by the Prehearing Order.
However, on October 10, 1996, this Office received a letter from the
Department of Labor of the State of New York seeking to join in the appeal of the State of California
in this matter. This correspondence raises the issue of whether or not the State of New York timely
requested a hearing on its denial of funds. Thus, to ensure that the appeal rights of the State of New
York and the other applicants are adequately protected, the Department of Labor is ORDERED, as
specified in the Prehearing Order, to notify all the applicants for this grant of their opportunity to
participate in this hearing, regardless of whether the Department of Labor considers them to have
