Petitioner Zheng Qin Lu through her counsel Joe Hill filed the complaint against Department of Labor Secretary Gil San Nicolas, DOL acting Secretary Jacinta M. Kaipat and Director of Labor Barry Hirshbein.
Assistant Attorney General Eleanor Nisperos represents the respondents.
Associate Judge David A. Wiseman issued an order stating that the matter is remanded to the respondents in this case for a new hearing.
The new labor hearing will be set for the fourth Tuesday of the month.
A competent translator will be provided by Labor although the petitioner may also bring a translator at her own expense, the judge said.
Wiseman added that any continuance of the remand hearing must be for good cause and must be submitted in writing five days before the scheduled hearing to the Labor hearing office.
The order stated that the hearing officer will issue a new decision or order after the remand hearing.
Wiseman said if the hearing officer’s decision or order is adverse to the petitioner, the petitioner will follow Labor’s procedures for appeal, including, but not limited to, an appeal to the secretary of Labor and eventually to the Superior Court.
Wiseman said the court will continue to have jurisdiction over this matter unless both parties will give notice through a letter, stipulation or motion that the it should be dismissed.
In an order dated May 29, 2008, Labor Hearing Officer Jerry Cody denied the request of Lu Zheng Qin for transfer for submitting false testimony and fraudulent documents.
He was also ordered to depart from the CNMI within 20 days from the issuance of the order.
Lu Zheng Qin’s employer, Rui Jin Trading Corp., was ordered to deliver Lu Zheng Qin’s repatriation airline ticket to the administrative hearing officer within 15 days from the issuance of the order.
On April 24, 2007, Rui Tong Chen, the petitioner’s employer, filed an application to hire three more foreign workers for his retail and internet business in Garapan. Lu Zheng Qin was hired as an accountant.
Labor said Lu Zheng Qin had fabricated her work history as an accountant and was “not able to define even basic accounting principles.
