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U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20213

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEURL

ISSUE DATE

March 6, 1986

RESCISSIONS

None

EXPIRATION DATE

March 31, 1987

DIRECTIVE

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 18-86

 

TO

:

STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

BARBARA ANN FARMER
Acting Administrator for
Regional Management

 

SUBJECT

:

Secretary's Decision in the 1985 District of Columbia Conformity Proceedings

 

  1. Purpose. To announce the Secretary's Decision in the 1985 District of Columbia (D.C.) conformity proceedings.

  2. References. Sections 303(a)(1) and 303(a)(3) of the Social Security Act (SSA); 20 C.F.R. Section 601.5; Secretary's Decision in Case No. 84-CCP-2, dated October 28, 1985.

  3. Background. Conformity and substantial compliance proceedings under Section 303(b)(2) of the Social Security Act and 20 C.F.R. Section 601.5 were initiated with the District of Colombia in 1984.  At issue was whether certain D.C. rules pertaining to the conduct of hearings pursuant to claimant appeals conform with and comply substantially with Section 303(a)(1), the "methods of administration" requirement, and Section 303(a)(3), the "fair hearing" requirement, of the SSA. When a claimant is denied benefits because of a discharge from work for misconduct, D.C. rules absolve the claimant from presenting evidence in support of his/her claim unless the former employer appears at the hearing and presents evidence to counter the claim.  In such cases where the employer fails to appear, the initial determination is automatically reversed and benefits are awarded.

    A hearing on this issue before a Department of Labor administrative law judge (ALJ) was held on November 27, 1984.  On February 21, 1985, the ALJ issued a recommended decision and on October 28, 1985, the Secretary issued his Decision.

  4. Secretary's Decision. The Secretary determined that the challenged rules are not in conflict with Sections 303(a)(1) and 303(a)(3), SSA, and that the District of Columbia unemployment compensation law conforms with Sections 303(a)(1) and 303(a)(3) of the Social Security Act.

  5. Action Required. Administrators are requested to provide the above information to appropriate staff.

  6. Inquiries. Direct inquiries to the appropriate regional office.

  7. Attachment. Secretary's Decision in the 1985 District of Columbia conformity proceedings.