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September 21, 2008         DOL Home > OALJ Home > OFCCP Collection
USDOL/OALJ Reporter
OFCCP v. Jacor, Inc., 95-OFC-17 (ARB May 30, 1996)


In the Matter Of:


UNITED STATES DEPARTMENT OF                  CASE NO. 95-OFC-17
LABOR, OFFICE OF FEDERAL
CONTRACT COMPLIANCE PROGRAMS,                DATE:   May 30, 1996

          PLAINTIFF,

     v.

JACOR, INCORPORATED,

          DEFENDANT.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1] 


ORDER
   
     Jacor moved for a stay of a proposed compliance review by
OFCCP of Jacor's Rhode Island affirmative action records on 
May 21, 1996, and for dismissal of this case.  Jacor claims the
Secretary's Interim Order of April 15, 1996 requires the proposed
compliance review to be completed within 90 days of the 
January 19, 1996 Interim Order because the April 15 Order stated
that "[t]he time periods in the [January 19] Interim Order
continue to apply."  The January 19 order required OFCCP to
report to the Secretary on Jacor's compliance with Executive
Order No. 11,246 within 90 days of the date of that order.
     Jacor's motions are DENIED.  The time periods in the January
19 Order of necessity run from the date of the April 15 Order
because all proceedings were stayed pending resolution of Jacor's
motion for clarification of the January 19 Order.  In addition,
the time periods in the January 19 Order were directory, not
mandatory.
     SO ORDERED.





[PAGE 2] ___________________________ KARL J. SANDSTROM Presiding Member ___________________________ JOYCE D. MILLER Alternate Member [ENDNOTES] [1] On April 17, 1996 a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute and these regulations to the newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996) (copy attached). The Board has reviewed the interim decision issued by the Secretary and the entire record in this case in rendering this order.



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