Inland Manpower Association, a California Public Entity Exercising Joint Powers v. United States Department of Labor

The facts are not in dispute. We review de novo the legal question whether proceedings to recoup misspent CETA funds are barred if not brought before September 30, 1984. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.1984). Whether proceedings were brought before September 30, 1984 is a mixed question of fact and law in which the legal issues predominate. We review such questions de novo. Id. at 1202 .

Inland contends that 29 U.S.C. § 1591 (e) bars the Secretary from recouping misspent CETA grant funds unless proceedings were brought prior to September 30, 1984. This construction would be at odds with both the language and purpose of the statute. The JTPA replaced CETA. 29 U.S.C. § 1591 (e) is part of the provision for transition from CETA to JTPA. It provides:

Nothing in the language of the provision bars recoupment of CETA funds. Rather, it limits the applicability of JTPA. JTPA does not apply to proceedings begun before September 30, 1984. The statute does not preclude application of JTPA remedies to recoupment proceedings brought after September 30, 1984. If proceedings were begun after September 30, 1984, the proceedings are not barred; they are governed by…