Labor reverses permit denial

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Posted on Jan 07 2005
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Department of Labor Hearing officer Linn H. Asper reversed a decision earlier made by Labor director Dean Tenorio regarding the processing of a Labor permit application.

In the Labor order, Asper granted that the Labor permit application for employer Esperanza Ellis and employee Antonio Guinto be processed.

Asper cited that the director’s decision to deny the application was because the application was filed a day after the expiration of the 45 day period allowed for such applications.

Records show that the application was denied on Sept. 28, 2004. The employer appealed the decision on Oct. 8 and the matter went for hearing on Dec. 22 at the Hearing Office.

Asper indicated that the employer evidently appeared at the department on the final day of the period to file the application, but after 4pm, the time set by the department for daily closing of acceptance of applications.

“Because this is an extremely technical violation of the Alien Labor Rules and Regulations, the decision of the director should be reversed and the application processing should resume, without sanctions,” Asper said.

The order was given on Dec. 27. (Shan Seman)

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