Development Resources, Inc., ARB No. 02-046 (ARB Apr. 12, 2002)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 02-046
DATE: April 12, 2002

In the Matter of:

DEVELOPMENT RESOURCES, INC.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Administrator:

Eugene Scalia, Esq., Steven J. Mandel, Esq., Douglas J. Davidson, Esq., Marva M. Peace-Jackson, Esq., U. S. Department of Labor, Washington, DC

For Development Resources Inc.:

Richard I. Manas, Esq., Oppenheimer, Blend, Harrison & Tate, San Antonio, Texas

   Development Resources, Inc. (DRI), asks by letter dated April 3, 2002, that a brief submitted to this office by DRI on April 2, 2002, be filed and considered in the above-captioned case. On March 21, 2002, this Board denied DRI's earlier request for an extension of time to file a brief and advised DRI that its March 4, 2002 response to the Administrator's determination in this case had been filed and construed as DRI's brief on review. According to DRI, the Board's March 21 correspondence crossed in the mail with DRI's April 3 letter.

   We construe DRI's April 3 letter as a Motion for Leave to File a Brief Out of Time. Inasmuch as DRI has identified no extraordinary circumstances to warrant acceptance of its untimely brief notwithstanding our earlier order, the motion is DENIED.

   SO ORDERED.

       JUDITH S. BOGGS
      Administrative Appeals Judge

       WAYNE C. BEYER
       Administrative Appeals Judge

       OLIVER M. TRANSUE
       Administrative Appeals Judge