123081P.pdf   12/02/2013  Business Communications  v.  U.S. Dept. of Education
   U.S. Court of Appeals Case No:  12-3081
   Petition for Review of an Order of the Department of Education   
   [PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges] 
   Petition for Review - Order of the Department of Education. Where an 
   employee working on projects under the American Recovery and Reinvestment 
   Act filed a complaint with the Department of Education alleging his 
   employer had terminated his employment after he complained that he was not 
   being paid "prevailing wages" as required by the Act, the Department 
   violated the employer's due process rights by issuing an order requiring 
   the employer to reinstate the employee with back pay without providing the 
   employer a hearing; the post-deprivation procedures available under 
   Section 1553 of the Act did not provide any opportunity for the employer 
   to confront and cross examine adverse witnesses, thereby depriving the 
   employer of an essential element of due process; the Department's order is 
   vacated. Judge Murphy, concurring.