Named in the complaint was Gil M. San Nicolas as Labor Secretary.
Tai Nyun Nam, through attorney Stephen C. Woodruff, filed a complaint, stating that Hearing Officer Barry Hirhsbein violated the CNMI’s policy when he “acted both as mediator and then as hearing officer” for his case.
Woodruff said Hirhsbein has performed various other roles in the Department of Labor as well, including director of Labor and acting secretary of Labor.
Nam has been a foreign guest worker here for the past 15 years.
Woodruff argued that the “roles of mediator and hearing officer are fundamentally different.”
The role of a mediator is to facilitate the possibilities of settlement, while a hearing officer is charged with responsibility of taking evidence and hearing argument, Woodruff said.
“For [Hirhsbein] to act as hearing officer and the mediator in the same case offends the same values and concerns that are implicated in the prohibition on ex-parte communications with the adjudicator and the principle that nothing external to the hearing should influence the decision,” Woodruff said.
Nam is seeking judicial review of Labor’s final agency action on Oct. 20, 2009.
According to Woodruff, the Labor “secretary’s decision summarily affirm[ed] the decision of Mr. Hirhsbein.”
He added, “This bald conclusory rejection of [Nam’s] appeal displays remarkable hubris. No other possible grounds for appeal are even discussed.”
