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DEFINITIONS | REFERENCES | WEBSITE | INQUIRES

Denial and Appeal for TRA/TAA

The Service Provider may issue a written determination denying a Trade Adjustment Assistance (TAA) activity (Job Search Allowances, Relocation Allowances, Classroom Training, On the Job Training, or Customized Training) with the concurrence of the State Coordinator.  The Service Provider must submit the formal determination on the appropriate state form and shall include the participant's appeal rights.

Procedures

The following procedures have been established for the denial of a TAA activity.

• Prior to making a determination to deny services, the Service Provider must make every effort to work with the participant to modify their request to develop an approvable training plan.
  
  

• Prior to making a determination to deny services, the Service Provider shall contact the State Coordinator to discuss and review the denial prior to issuing a formal decision. 
  
  

• The Service Provider shall submit the draft determination along with the basis for the decision and supporting information to the state coordinator.
  
  

• If the State Coordinator disagrees with the decision to deny benefits, the State Coordinator shall request that the Service Provider provide additional documentation stating the reason(s) for the denial, identifying the law, Federal Regulations, State Policy, or directive justifying the decision. 
  
  

• When the State Coordinator agrees with the decision to deny benefits, the State Coordinator shall notify the Service Provider in writing to proceed with the denial.
  
  

• Upon receipt of the written concurrence from the State Coordinator to deny benefits, the Service Provider shall send a formal written determination to the participant that includes information on the participant’s appeal rights.
  
  

• The Service Provider will send a copy of the formal determination to the State Coordinator. 

Examples where concurrence by the state coordinator may not occur include:

• Inadequate documentation
  
  

• Facts or regulations that do not support the decision

Appeals

A participant who receives a written determination denying benefits and does not agree with the decision has the right to file an appeal. The participant must file the appeal within 30 days after the date of notification or mailing of one of the following decisions.

1. A redetermination of an Entitlement Determination to TAA/TRA (See Trade Readjustment Allowance Policy); 
   
   

2. An initial determination of a Request for Job Search Allowance; Request for Relocation Allowances; or Request by Worker for Training Approval and Allowances while in Training; 
   
   

3. A UI Determination Notice; or a Determination Notice and Overpayment Assessment on the TRA portion of a claim.  

The participant must file the appeal with the Service Provider’s office that will then contact the State Coordinator for guidance on processing the appeal.  The Service Provider or the State Coordinator shall then mail appeals to the following:  

Office of Administrative Hearings
Attention:  Jon Loreen
One Union Square, Suite 1500
600 University Street
Seattle , Washington   98101

DEFINITIONS

REFERENCES

Trade Act of 2002 (P.L. 107-210)
Trade Act of 1974 (as amended)
Trade Adjustment Assistance for Workers, Code of Federal Regulations, Title 20 Chapter 5, and Part 617

SUPERSEDES

This communication cancels and supersedes all previously issued policy memorandum related to the employment and training component of the TAA program.

WEBSITE

http://www.wa.gov/esd/policies

DIRECT INQUIRIES TO

Randy Bachman
Employment Security Department
Employment and Training Division, State Trade Coordinator
P.O. Box 9046, MS 6000
Olympia, WA 98507-9046
E-Mail: rbachman@esd.wa.gov
Telephone: (360) 438-3148
FAX: (360) 438-3174

Or

Rob Mills
Employment Security Department
Unemployment Division, State TRA Coordinator
P.O. Box 9046, MS 6000
Olympia, WA 98507-9046
E-Mail: Rmills@esd.wa.gov
Telephone: (360) 902-9509
FAX: (360) 902-9790