§ 2936. — Administrative adjudication.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC2936]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER V--ADMINISTRATION
Sec. 2936. Administrative adjudication
(a) In general
Whenever any applicant for financial assistance under this chapter
is dissatisfied because the Secretary has made a determination not to
award financial assistance in whole or in part to such applicant, the
applicant may request a hearing before an administrative law judge of
the Department of Labor. A similar hearing may also be requested by any
recipient for whom a corrective action has been required or a sanction
has been imposed by the Secretary under section 2934 of this title.
(b) Appeal
The decision of the administrative law judge shall constitute final
action by the Secretary unless, within 20 days after receipt of the
decision of the administrative law judge, a party dissatisfied with the
decision or any part of the decision has filed exceptions with the
Secretary specifically identifying the procedure, fact, law, or policy
to which exception is taken. Any exception not specifically urged shall
be deemed to have been waived. After the 20-day period the decision of
the administrative law judge shall become the final decision of the
Secretary unless the Secretary, within 30 days after such filing, has
notified the parties that the case involved has been accepted for
review.
(c) Time limit
Any case accepted for review by the Secretary under subsection (b)
of this section shall be decided within 180 days after such acceptance.
If the case is not decided within the 180-day period, the decision of
the administrative law judge shall become the final decision of the
Secretary at the end of the 180-day period.
(d) Additional requirement
The provisions of section 2937 of this title shall apply to any
final action of the Secretary under this section.
(Pub. L. 105-220, title I, Sec. 186, Aug. 7, 1998, 112 Stat. 1048.)
Prior Provisions
Provisions similar to this section were contained in section 1576 of
this title prior to repeal by Pub. L. 105-220.
Section Referred to in Other Sections
This section is referred to in section 2937 of this title.
