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If no decision has been issued at the LWDA level or the State has determined an audit <br />disallowance or imposed sanctions, the complainant may request a hearing. The <br />hearing officer will then issue a recommended decision to the State's Review Panel for <br />final determination. <br />2. Filing for Request for Review <br />The request for a State hearing shall be filed within ten (10) days after LWDA should <br />have issued a decision or ten (10) days after the issuance of the audit disallowance or <br />sanction. The request shall be filed directly with the Chief of the WID in writing and <br />should include the following: <br />a. Full name, address, and telephone number of the LWDA <br />b. Name, address, and telephone number of the LWDA <br />C. Copies of complaints made at LWDA level from which no decisions were <br />issued or sanctions and imposed. <br />A statement of basis for the request for hearing. <br />3. Evidentiary Hearing <br />Upon receipt of the request for a State level hearing, a hearing before a designated <br />hearing officer will be scheduled. <br />The hearing will be recorded mechanically or by court reporter. <br />Both parties concerned will have the opportunity to present oral and written testimony <br />under oath, to call and question witnesses in support of his/her position, to present oral <br />and/or written arguments, to examine records and documents relevant to the issue(s), <br />and to be represented. <br />The hearing officer shall issue a written decision, which shall be forwarded to the State <br />Review Panel for final determination. <br />The State Review Panel may accept, reject or modify this recommendation. The <br />decision of the State Review Panel is final except for audit disallowances, which must be <br />approved by the Secretary of Labor <br />C. State Review Panel <br />The State Review Panel will consist of a panel of three representatives from the <br />Employment Development Department: one from the Legal Offices, one from the WID, <br />and one from the Director's office. The panel will issue a written decision, which will be <br />sent to the appropriate parties within thirty (30) days of receipt of the request for State <br />review. <br />14 <br />EXHIBIT H <br />