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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n","protected":false},"excerpt":{"rendered":"
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.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-49357","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/49357","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=49357"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/49357\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=49357"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=49357"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=49357"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}