ARB CASE NO. 06-116
ALJ CASE NO. 2003-SCA-02
DATE: November 29, 2006
In the Matter of:
LOSS PREVENTION, INC.,
PETITIONER,
v.
ADMINISTRATOR, WAGE AND
HOUR DIVISION, UNITED STATES
DEPARTMENT OF LABOR,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Petitioner:
Glen D. Crick, Esq., Glen D.
Crick, Ltd., Chicago, Illinois
ORDER
GRANTING DISMISSAL OF APPEAL
On January
28, 2004, a Department of Labor Administrative Law Judge (ALJ) issued a
Recommended Decision and Order in this case arising under the McNamara-O’Hara
Service Contract Act (SCA).[1] The ALJ found that the Petitioner,
Loss Prevention, Inc., was properly debarred since it failed to carry its
burden of establishing that “unusual circumstances” existed that justified
waiver of the debarment penalty. Loss Prevention, Inc. did not file a timely
appeal with the Administrative Review Board (ARB). On October 20, 2006, the
ARB issued an Order to Show Cause for the petitioner to demonstrate
circumstances justifying an untimely appeal.
[Page 2]
On November
20, 2006, Loss Prevention, Inc. filed a withdrawal
of Petitioner’s Petition for Review. Accordingly,
we GRANT Loss Prevention, Inc.’s request to withdraw
its Petition for Review, and we DISMISS
its appeal.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
DAVID G. DYE
Administrative Appeals Judge
[1] 41 U.S.C.A. § 351 et seq. (West
1994).
