Inter-Tribal Council of Nevada v. United States Department of Labor

At the hearing before the Administrative Law Judge (ALJ), the Petitioner, Inter-Tribal Council of Nevada (ITC), failed to raise the issue of the Secretary of Labor’s authority to secure recoupment of allegedly misspent funds granted under the Comprehensive Employment and Training Act of 1973 (CETA).

Moreover, the issue was not set forth, as required, or even suggested in the prehear-ing statement filed by ITC. The issue was not brought up at the hearing or referred to in argument at the end of the hearing. For the first time, more than two months after the hearing, the issue was referred to in ITC’s proposed Findings of Fact and Conclusions of Law and Memorandum. No motion was filed to reopen the proceedings.

Regulations under the Act require a complainant requesting a hearing on an agency determination to specify the disputed provisions. Provisions of the determination not specified at the hearing “shall be considered resolved and not subject to further review.” 20 C.F.R. 676.88(f) (1982). Under these circumstances the AU did not err in refusing to consider the issue.

All issues which a party contests on appeal must be raised at the appropriate time under the agency practice.…