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Court junks complaint vs DOLI memo
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Posted on Dec 30 1999
Superior Court Presiding Judge Edward Manibusan has junked a complaint filed by a private individual questioning the decision by Labor and Immigration Sec. Mark D. Zachares to forbid non-attorneys from representing persons and individuals at DOLI hearings.
In a ruling issued the other day, Judge Manibusan granted the motion by the Attorney General’s Office to dismiss such an action, noting that the court lacks subject matter jurisdiction.
Plaintiff John B. Joyner petitioned the court to enlarge time for his appeal against Mr. Zachares’ memorandum prohibiting non-attorneys at labor and immigration hearings.
The administrative order was issued on July 8, 1999, and on Aug. 4, Mr. Joyner asked the department to issue a declaratory ruling. His petition was denied by DOLI two days later.
On Sept. 2, the plaintiff elevated the matter to the Superior Court and asked for judicial review of the July 8 memo and the denial made by the department on his earlier appeal.
But the AGO, acting on behalf of DOLI, argued against such action, saying it should be dismissed as the petition was untimely having been filed beyond the 30-day requirement.
Judge Manibusan ruled that the court lacks jurisdiction to review administrative decisions not timely filed as the plaintiff brought the matter to court on Sept. 2 — 56 days after the issuance of the memo.
While Mr. Joyner’s lawyer argued that Aug. 6 is an appealable “final agency action,” the judge said it was not so, but rather may be categorized only as “interpretative correspondence” issued by a subordinate at the department.
