§3246 — Title 29 Labor | U.S. Code

Summary

Anyone denied all or part of financial help under this law, and recipients who face corrective action or sanctions, can ask for a hearing before a Labor Department judge. The judge’s decision becomes the Secretary’s final decision unless a party files written objections within 20 days naming the procedure, fact, law, or policy they dispute. If objections are filed, the Secretary has 30 days to take the case for review and, if accepted, must decide within 180 days or the judge’s decision becomes final. Section 3247 applies to final action.

Title 29, §3246

Labor — Source: USLM XML via OLRC

(a)Whenever any applicant for financial assistance under this subchapter 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 3244 of this title.

(b)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 during the 20-day period 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, notifies the parties that the case involved has been accepted for review.

(c)Any case accepted for review by the Secretary under subsection (b) 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)The provisions of section 3247 of this title shall apply to any final action of the Secretary under this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program year after

July 22, 2014 (

July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

§3246 Administrative Adjudication

Summary

Title 29, §3246

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata