[Federal Register: March 8, 2004 (Volume 69, Number 45)]
[Notices]               
[Page 10759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr04-104]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,783]

 
Geotrac, Inc., Norwalk, Ohio; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated January 23, 2004, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of Geotrac, Inc., Norwalk, Ohio was 
signed on January 5, 2004, and published in the Federal Register on 
February 6, 2004 (69 FR 5866).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) if it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) if in the opinion of the Certifying Officer, a 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The TAA petition was filed on behalf of a worker at Geotrac, Inc., 
Norwalk, Ohio engaged in generating flood certifications for the 
mortgage lending industry. The petition was denied because the 
petitioning worker did not produce an article within the meaning of 
Section 222 of the Act.
    The petitioner's main allegation consists in the fact that 
employees of Geotrac, Inc., Norwalk, Ohio were separated as a result of 
a shift of their positions to India.
    In order to meet eligibility requirements, the petitioning worker 
group must be engaged in production. Automatic generation of 
certificates for the mortgage lending industry does not constitute 
production within the meaning of Section 222 of the Trade Act.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under 
certification for TAA.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 20th day of February, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-470 Filed 3-5-04; 8:45 am]

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