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Proper actions during Labor hearing
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Posted on Nov 08 2008
[B]Q: How should a Labor case complainant act during the administrative hearing proceedings?[/B]
A: All persons appearing in proceedings before a Labor administrative hearing officer are expected to act with integrity and in an ethical manner. According to the new Alien Labor Rules and Regulations, a hearing officer may exclude parties, participants, and their representatives for refusal to comply with directions, continued use of dilatory tactics, refusal to adhere to reasonable standards of orderly and ethical conduct, and failure to act in good faith.
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[B]
Q: Can a person suspended from participating in an administrative hearing appeal the suspension order?[/B]
A: Yes. The Regulations state that a hearing officer shall state on the record the cause for suspending or barring any person from participation in a proceeding. Any person so suspended or barred may appeal to the Labor Secretary, but no proceeding shall be delayed or suspended pending disposition of the appeal.
A hearing officer shall suspend the proceeding for a reasonable time if it is necessary for a party to obtain another lawyer or representative. A hearing officer may apply the Commonwealth Disciplinary Rules and Procedures for guidance when issuing decisions regarding ethics.
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[B]
Q: Can a Labor administrative hearing officer entertain an Immigration’s request to expedite a pending Labor case?[/B]
A: The Regulations state that the Labor administrative hearing officer in his or her discretion can accept such Immigration’s request and may order that a pending labor matter involving a party who is currently in deportation proceedings in the Superior Court be heard and decided on an expedited basis.
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[I]Disclaimer: 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]
