Appealing a ruling

Q: Can an affected alien worker file an appeal with the Department of Labor Secretary over a ruling issued by a Labor administrative hearing officer?

A: Any person or party affected by findings, orders, or decisions of the administrative hearing officers may appeal to the Labor Secretary within 15 days of issuance. If no appeal is made to the Secretary within 15 days, the findings, orders, or decisions shall be unreviewable administratively or judicially.

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Q: What will happen to the appeal once the Labor Secretary completes his or her review of the case?

A: The Labor Secretary shall affirm, reverse, or modify the findings, order, or decision of the administrative hearing officers in writing within 10 days. The Secretary may remand under appropriate instructions all or part of the matter to the administrative hearing officers for further proceedings such as taking of additional evidence and the making of new or modified findings by reason of the additional evidence. According to the Alien Labor Rules and Regulations, the Secretary’s decision shall constitute final agency action for purposes of judicial review.

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Q: Can the Labor secretary suspend or bar an attorney for unethical conduct?

A: Yes. The Secretary may exclude parties, participants, and their representatives for refusal to comply with directions, continued use of delaying tactics, refusal to adhere to reasonable standards of orderly and ethical conduct, failure to act in good faith, or violation of the prohibition against ex parte communications.

Pursuant to the Alien Labor Rules and Regulations, any decision by the Secretary to suspend or bar an attorney or other representative shall constitute a final agency action and, as such, may be appealed. But no proceeding shall be delayed or suspended pending disposition of the appeal, provided, however, that the administrative hearing officer shall suspend the proceeding for a reasonable time for the purpose of enabling the party to obtain another attorney or representative.

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