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<br />The request for a State hearing shall be filed within ten (10) days after LWIA 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 /> <br />a. Full name, address, and telephone number of the LWIA <br />b. Name, address, and telephone number of the LWIA <br />c. Copies of complaints made at LWIA level from which no decisions were <br />issued or sanctions and imposed. <br />d. 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 /> <br />The hearing will be recorded mechanically or by court reporter. <br /> <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 /> <br />The hearing officer shall issue a written decision, which shall be forwarded to the State <br />Review Panel for final determination. <br /> <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 /> <br />C. State Review Panel <br /> <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 /> <br />Decisions issued by this panel, under the authority of the Governor, are final. <br /> <br />D. Issuance of State Review Decision. <br /> <br />The State review will be limited to violations of the WIA, implementing WIA regulations or <br />the grant agreement. This review shall be limited to the record established at the LWIA <br />hearing. <br /> <br />14 <br /> <br />EXHIBIT C <br />