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How to file an appeal to Labor Secretary
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Posted on Sep 19 2008
[B]Q: How can an employer or an alien worker appeal a Labor administrative hearing office’s order to the Labor Secretary?
A:[/B] An employer or an alien worker can commence an appeal to the Labor Secretary by filing a notice of appeal on the standard form provided by Labor and paying the corresponding fee. According to the new Alien Labor Rules and Regulations, a notice of appeal must be filed within 15 days of service of the decision on the party who is appealing. The party who seeks relief from the Secretary is called the appellant. The party against whom relief is sought is called the appellee.
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[B]Q: Does the Labor Secretary need to conduct a hearing on an appeal?A: No[/B]. The Regulations state that when the Labor Secretary is exercising jurisdiction over appeals from final orders of the Labor Administrative Hearing Office, the Secretary shall have all the powers and responsibilities of a hearing officer. No hearing or oral argument on an appeal is required. The Secretary will notify the parties by mail of the time and place for any hearing on the appeal. The Secretary will not schedule the hearing with less than 15 days notice or change a hearing date with less than 15 days notice.
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[B]Q: Upon completion of review on the appeal, what is expected from the Labor Secretary?A:[/B] In a review on appeal, the Secretary may restrict review to the existing record, supplement the record with new evidence and hear oral argument. Upon completion of review, the Regulations require that the Secretary shall affirm, reverse, or modify the findings, decision, or order of the hearing officer. The Secretary may also remand under appropriate instructions all or part of the matter to the Administrative Hearing Office for further proceedings.
[I][B]Disclaimer:[/B] Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
