(a) Within 21 days of receipt of a final determination imposing a
sanction or corrective action or denying financial assistance, the
applicant, the recipient, the SDA, the SSG, or other subrecipient, or a
vendor against which the Grant Officer has imposed a sanction or
corrective action may appeal the Grant Officer's determination to the
OALJ. A request for a hearing shall be transmitted by certified mail,
return receipt requested, to the Chief Administrative Law Judge, U.S.
Department of Labor, 800 K Street, NW., Suite 400, Washington, DC 20001,
with one copy to the departmental official who issued the determination.
(b) The 21-day filing requirement in paragraph (a) of this section
is jurisdictional. Failure to timely request a hearing acts as a waiver
of the right to hearing.
(c) A request for a hearing under this section shall state
specifically those issues of the final determination upon which review
is requested. Those provisions of the final determination not specified
for review, or the entire final determination when no hearing has been
requested within the 21 days, shall be considered resolved and not
subject to further review. Only alleged violations of the Act,
regulations promulgated thereunder, grant or other agreement under the
Act fairly raised in the determination and the request for hearing are
subject to review.
(d) The procedures set forth in this subpart apply in the case of a
complainant who has not had a dispute adjudicated under the alternative
dispute resolution process set forth in Sec. 627.805 of this part within
60 days, except that the request for hearing before the OALJ must be
filed within 15 days of the conclusion of the 60-day period. In addition
to including the final determination upon which review is requested, the
complainant shall include a copy of any Stipulation of Facts and a brief
summary of proceedings.
