ARB CASE NO. 03-092
ALJ CASE NO. 03-SOX-006
DATE: August 21, 2003
In the Matter of:
STEVEN KUNKLER,
COMPLAINANT,
v.
GLOBAL FUTURES & FOREX LTD.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER CLOSING CASE
On April 24, 2003, a Department of Labor Administrative Law Judge (ALJ) issued a Recommended Decision and Order (R. D. & O.) in this case arising under the employee protection provisions of the Sarbanes-Oxley Act of 2002 (SOX), P.L. 107-204, Section 806, 18 U.S.C. § 1514A. As of the date the ALJ issued the R. D. & O., the Department had not yet enacted final regulations governing the procedures to be followed to obtain Administrative Review Board review of Recommended Decisions and Orders.1 The ALJ, who issued the R. D. & O., automatically referred the case to the Administrative Review Board for review.2
1 The final rules describing the procedures for handling discrimination complaints under the SOX will be found at 29 C.F.R. § 1980. An interim final rule, effective on May 28, 2003, was published at 68 FR 31860.
2 The Interim Rules do not provide for automatic review of an R. D. & O. Instead they provide in pertinent part, "The decision of the administrative law judge will become the final order of the Secretary unless, pursuant to this section, a petition for review is timely filed with the Board." 29 C.F.R. § 1980.110(a).