Yong Mei Huang filed a complaint for judicial review of agency action with his counsel Stephen C. Woodruff on Oct. 30, stating that the decision of the Labor secretary was not lawfully issued and hence null and void.
He is also asking the court to remand the matter for grant of relief.
Yong Mei Huang said he has stayed in the CNMI for many years, contributing to the economy and general welfare of the economy.
He said Labor allows employees 30 days to find new employees under the transfer process, which he availed of.
The plaintiff said on Sept. 3, 2009, a hearing officer granted him until Sept. 4 to secure new employment.
The order stated “No further extensions will be available” but on Sept. 4, the plaintiff sought further extension which a hearing officer denied on the grounds that it was foreclosed by the prior order.
The plaintiff appealed on Sept. 14 to the secretary of Labor.
On Oct. 2, his appeal for extension was again denied through a document entitled “Secretary’s Order on Appeal” executed by Barbara T. Sablan as acting secretary of Labor.
The document stated that the hearing officer denied the extension on the grounds that the plaintiff did not indicate any substantial likelihood of employment.
The plaintiff said that “such suggestion does not appear to accurately reflect the actual basis for the hearing officer’s decision and any such conclusion is not supported by substantial evidence in the record.”
The plaintiff further said that the position of acting secretary of Labor does not exist in the commonwealth law.
“On information and belief, no appointment of Sablan to act in such a capacity was ever lawfully made and mere assigning or assumption of such a title does not convey any lawful authority to act in the place of the lawful secretary of Labor,” the plaintiff said.
He added that the function of deciding appeals to the Labor secretary is “non-delegable” therefore the secretary’s order on his appeal was issued arbitrarily and capriciously.
