Inland Manpower Association, a California Public Entity Exercising Joint Powers v. United States Department of Labor

FARRIS, Circuit Judge:

The facts are not in dispute. We review de novo the legal question whether proceedings to recoup misspent CETA funds are barred if not brought before September 30, 1984. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.1984). Whether proceedings were brought before September 30, 1984 is a mixed question of fact and law in which the legal issues predominate. We review such questions de novo. Id. at 1202.

Inland contends that 29 U.S.C. § 1591(e) bars the Secretary from recouping misspent CETA grant funds unless proceedings were brought prior to September 30,…