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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 1. Request for Hearing at the State Level <br /> If no decision has been issued at the LWIA level or the State has determined <br /> an audit disallowance or imposed sanctions, the complainant may request a <br /> hearing. The hearing officer will then issue a recommended decision to the <br /> State's Review Panel for final determination. <br /> <br /> <br /> 2. Filing for Request for Review <br /> The request for a State hearing shall be filed within ten (10) days after LWIA <br /> should have issued a decision or ten (10) days after the issuance of the audit <br /> disallowance or sanction. The request shall be filed directly with the Chief of <br /> the WID in writing and 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 /> <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 /> <br /> 3. Evidentiary Hearing <br /> Upon receipt of the request for a State level hearing, a hearing before a <br /> designated hearing officer will be scheduled. <br /> <br /> The hearing will be recorded mechanically or by court reporter. <br /> <br /> <br /> Both parties concerned will have the opportunity to present oral and written <br /> testimony under oath, to call and question witnesses in support of his/her <br /> position, to present oral and/or written arguments, to examine records and <br /> documents relevant to the issue(s), and to be represented. <br /> <br /> The hearing officer shall issue a written decision, which shall be forwarded to <br /> the State Review Panel for final determination. <br /> The State Review Panel may accept, reject or modify this recommendation. <br /> The decision of the State Review Panel is final except for audit disallowances, <br /> which must be 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 <br /> EXHIBIT C <br /> <br /> <br /> 25K-59 Page 37 of 54 <br />