(a) The State hearing official may:
(1) Rule that the case is improperly before it, that is, that there
is a lack of jurisdiction over the case;
(2) Rule that the complaint has been withdrawn properly and in
writing;
(3) Rule that reasonable cause exists to believe that the request
has been abandoned or that repeated requests for re-scheduling are
arbitrary and for the purpose of unduly delaying or avoiding a hearing;
(4) Render such other rulings as are appropriate to the issues in
question. However, the State hearing official shall not have
jurisdiction to consider the validity or constitutionality of JS
regulations or of the Federal statutes under which they are promulgated.
(b) Based on the entire record, including the investigations and
determinations of the local and State offices and any evidence provided
at the hearing, the Sate hearing official shall prepare a written
decision. The State hearing official shall send a copy of the decision
stating the findings and conclusions of law and fact and the reasons
therefor to the complainant, the respondent, entities serving as amicus
capacity (if any), the State office, the Regional Administrator, and the
Solicitor of Labor, Attn: Associate Solicitor for Employment and
Training Legal Services, Department of Labor, room N2101, 200
Constitution Avenue, NW., Washington, DC, 20210. The notification to the
complainant and respondent must be sent certified mail.
(c) All decisions of a State hearing official shall be accompanied
by a written notice informing the parties (not including the Regional
Administrator, the Solicitor of Labor, or entities serving in an amicus
capacity) that, if they are not satisfied, they may, within 20 working
days of the certified date of receipt of the decision, file an appeal in
writing with the Regional Administrator. The notice shall give the
address of the Regional Administrator.
Federal JS Complaint System
