jack_b_uta
Registered Users (C)
I found these instructions at the following link, so here are the instructions as well as the link. Thought someone might find it useful
http://www.uslawnet.com/Englishhome/News/messages/242.htm
-----------------------------Instructions--------------------------------
The Dept. of Labor is instituting a process whereby cases erroneously closed by the Backlog Elimination Centers (BECs) for failure to reply to the 45-day letter can be reopened. This process will apply to the following types of situations:
The 45-day letter was received and a timely response was sent to DOL requesting that the case be continued. The case was nevertheless closed on the basis that there was no response to the 45-day letter. The attorney or employer requested that the case be reopened, but to their knowledge no action has yet been taken on that request.
The 45-day letter was never received, but the case was closed for failure to respond to the 45-day letter. The attorney or employer requested that the case be reopened, but to their knowledge no action has yet been taken on that request.
The 45-day letter was never received, but the case was closed for failure to respond to the 45-day letter. Neither the attorney nor the employer has yet requested reopening of the case (most likely because they believed it was futile).
First, DOL has re-set those cases which it is specifically aware were improperly closed, so that they are now back to being active cases. It has provided a list of such cases that were represented by AILA attorneys to AILA's DOL liaison. Liaison will be notifying those attorneys individually.
Those that were in the first group-the 45-day letter was received and a timely response was sent to DOL requesting that the case be continued-will be automatically put back in the processing queue. Those in the second groups-the 45-day letter was never received, but the case was closed for failure to respond to the 45-day letter-will receive a new 45-day letter.
For cases that were improperly closed on the basis of failing to respond to the 45-day letter that were not on the list that DOL gave to AILA, DOL will put on its website an FAQ describing the process to seek reopening, which will included a special e-mail box. Because the process will be largely automated, this box is to be used only for cases improperly closed in one of the three scenarios above. Any other reasons for an improper closing (e.g., response to 45-day letter was late or was inadequate) should be handled through existing processes.
DOL will respond to these queries via email. If the case is reopened, the email response will include an electronic version of the screen shot. For those cases in which the 45-day letter was never received, DOL will send a new 45-day letter only if it needs more than confirmation that the employer wants to continue the case (the request for reopening will be considered the confirmation of desire to continue). It has not yet been determined if the new letter will be sent by email or regular mail.
If DOL concludes that reopening is inappropriate, it will so notify the requester by email. Because this process is largely automated, it is not clear how much detail will be provided in the email regarding the reason for refusing to reopen. However, DOL is committed to finding a means to communicate the reason for the refusal to reopen.
It is expected that this system will be set up, and the FAQ issued, by the end of the first week of July.
DOL also realizes that, once it has finished inputting the backlog cases and sending out the rest of the 45-day letters, which it estimates it will complete by the end of July or middle of August this year, there will be a number of questions and queries from those who filed cases with the SWAs but who received no 45-day letter. It is working on a process for handling those inquiries.
Cite as "AILA InfoNet Doc. No. 06061960 (posted Jun. 19, 2006)"
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JACK
http://www.uslawnet.com/Englishhome/News/messages/242.htm
-----------------------------Instructions--------------------------------
The Dept. of Labor is instituting a process whereby cases erroneously closed by the Backlog Elimination Centers (BECs) for failure to reply to the 45-day letter can be reopened. This process will apply to the following types of situations:
The 45-day letter was received and a timely response was sent to DOL requesting that the case be continued. The case was nevertheless closed on the basis that there was no response to the 45-day letter. The attorney or employer requested that the case be reopened, but to their knowledge no action has yet been taken on that request.
The 45-day letter was never received, but the case was closed for failure to respond to the 45-day letter. The attorney or employer requested that the case be reopened, but to their knowledge no action has yet been taken on that request.
The 45-day letter was never received, but the case was closed for failure to respond to the 45-day letter. Neither the attorney nor the employer has yet requested reopening of the case (most likely because they believed it was futile).
First, DOL has re-set those cases which it is specifically aware were improperly closed, so that they are now back to being active cases. It has provided a list of such cases that were represented by AILA attorneys to AILA's DOL liaison. Liaison will be notifying those attorneys individually.
Those that were in the first group-the 45-day letter was received and a timely response was sent to DOL requesting that the case be continued-will be automatically put back in the processing queue. Those in the second groups-the 45-day letter was never received, but the case was closed for failure to respond to the 45-day letter-will receive a new 45-day letter.
For cases that were improperly closed on the basis of failing to respond to the 45-day letter that were not on the list that DOL gave to AILA, DOL will put on its website an FAQ describing the process to seek reopening, which will included a special e-mail box. Because the process will be largely automated, this box is to be used only for cases improperly closed in one of the three scenarios above. Any other reasons for an improper closing (e.g., response to 45-day letter was late or was inadequate) should be handled through existing processes.
DOL will respond to these queries via email. If the case is reopened, the email response will include an electronic version of the screen shot. For those cases in which the 45-day letter was never received, DOL will send a new 45-day letter only if it needs more than confirmation that the employer wants to continue the case (the request for reopening will be considered the confirmation of desire to continue). It has not yet been determined if the new letter will be sent by email or regular mail.
If DOL concludes that reopening is inappropriate, it will so notify the requester by email. Because this process is largely automated, it is not clear how much detail will be provided in the email regarding the reason for refusing to reopen. However, DOL is committed to finding a means to communicate the reason for the refusal to reopen.
It is expected that this system will be set up, and the FAQ issued, by the end of the first week of July.
DOL also realizes that, once it has finished inputting the backlog cases and sending out the rest of the 45-day letters, which it estimates it will complete by the end of July or middle of August this year, there will be a number of questions and queries from those who filed cases with the SWAs but who received no 45-day letter. It is working on a process for handling those inquiries.
Cite as "AILA InfoNet Doc. No. 06061960 (posted Jun. 19, 2006)"
------------------------------------------------------------------------
JACK