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To: steelyourfaith
Every federal agency has an appeals authority somewhere and a set of rules regarding what you do when your interpretation differs from theirs.

This is part of the Constitutinal doctrine referred to as "administrative due process".

Once you have completed "administrative due process" and have a letter in hand from an appropriate agency director that says "final agency decision" you can go to court.

There are other methods ~ go up the line to the guy's boss. Buy his boss a new car, maybe a boat.

There are a myriad of ways to handle this.

Usually the agency employees who make the decision are going to be found to be correct because, as it turns out, they work this stuff all the time and know what the winning answers are.

You can hire lawyers to handle this stuff for you ~ they specialize by agency.

14 posted on 04/26/2009 2:29:02 PM PDT by muawiyah
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To: muawiyah
I'm a small business owner, and oh yeah, I've had some anecdotal experience with appeals. I don't budget for possible legal contingencies.

Long story, I'll make as brief as I can:
I had a female employee who told me that she just became aware that she was pregnant. I congratulated her and told her she could work as far into her pregnancy as she would like, and that the job would be available at the time of her choosing after the delivery. I asked her only to please give me a heads up when she planned to take off as her position was critical to the functioning of my office and I needed at least a couple of months to break in someone to handle her responsibilities. I figured I'd have several months at least to line up and train a temporary replacement without loss of productivity and my responsibility to my patients.

The next working day she failed to show up. We could not contact her. She did not answer her telephone. We had to hustle and find some temporary help. Days later she surfaced wanting her paycheck. I wrote her out a check for the days she worked. No statement about quitting was spoken by either party, but it was obvious she had quit on me.

Sometime later I am contacted by the state that my unemployment fund rate had gone up as I had a claim against me. It was the pregnant lady who had left us high and dry. Great. I should have seen it coming.

I appealed. A time was arranged with a three way telephone call (former employee, state employee and me). Three times during the phone call the employee started sentences with, "I quit because...(one inane reason after another)".

The state upheld her claim, and my unemployment tax mandate increased. I could hardly believe it.

Yes, I have little faith in the fair, equitable and wise machinations of government.

Almost without fail, every year my practice receives notification of some newly vested government bureaucracy (state, federal or county) that some additional aspect of my business is now subject to regulation, inspection and taxation.

Compliance is an expense that I must pass on to my patients, and if I can't pass it on I could find it necessary to close down my business.

I don't know how my profession managed to help people over the years without all this help from the government. < / s >

Of course, my experiences are merely a microcosm of what is happening nationwide.

I despise socialism, and mourn the systematic destruction of the Constitution.

17 posted on 04/26/2009 6:08:31 PM PDT by steelyourfaith ("The problem with socialism is that you eventually run out of other people's money." - Lady Thatcher)
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