ARB CASE NO. 98-049
(ALJ CASE NO. 97-WPC-00003)
DATE: DEC 29 1997

In the Matter of:

OZDEN F. MINDEVALLI,
   COMPLAINANT,

   v.

LOS ANGELES REGIONAL WATER
CONTROL BOARD,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   On December 10, 1997, the Administrative Law Judge (ALJ) issued a Recommended Order Dismissing Complaint With Prejudice (R.O.) in this matter arising under the Federal Water Pollution Control Act, 33 U.S.C. §1367, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9610, the Solid Waste Disposal Act, 42 U.S.C. §6871, the Toxic Substances Control Act, 15 U.S.C. §2622, and the Safe Drinking Water Act, 42 U.S.C. §300j-9(i) (1988). By Order of October 29, 1997, the ALJ scheduled a formal hearing for November 24, 1997 and further directed the parties to submit prehearing statements. Respondent filed a prehearing statement on

November 13, 1997; however, Complainant failed to file a prehearing statement. Further, Respondent appeared for the hearing at the time and place scheduled by the ALJ, but Complainant did not appear.

   The ALJ, by Order of November 25, 1997, directed Complainant to show cause why the complaint should not be dismissed with prejudice for abandonment of the claim pursuant to 29 C.F.R. §24.5(e)(4). Complainant filed no answer in response to the ALJ's Order to Show Cause. Based on this procedural history, the ALJ issued his R.O.

   Complainant has fifteen days from the date of this order to show cause why this case should not be dismissed with prejudice by filing her response with the Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room S-4309, Washington, D.C. 20210. If Complainant files a response to this Order to Show Cause, Respondent may file a reply with the Board with 10 days of the date of Complainant's statement.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Gerald F. Krisan, Esq.
Executive Director

Telephone: (202) 219-4728
Facsimile: (202 219-9315