USDOL v. Delford Industries, Inc., 94-RIS-27 (ALJ
May 11, 1995)
U.S. Department of Labor Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, NJ 08104
Phone: 609-757-5312
Fax: 609-757-5403
Date: May 11, 1995
Case No. 94-RIS-00027
In the Matter of
UNITED STATES DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
Complainant
v.
DELFORD INDUSTRIES, INC.
Respondent
ORDER OF DISMISSAL
This proceeding arises under Section 502(c)(2)
of the Employee Retirement Income Security Act of 1974
("ERISA"), as amended, 29 U.S.C. §§1001,
etseq., and its implementing regulations found at 29
C.F.R. §§2509, etseq.
On November 12, 1993, Complainant, Pension and
Welfare Benefits Administration, assessed a civil money penalty on
the employee benefit plan maintained by Respondent, Delford
Industries, Inc., for its failure to properly attach the report of
an independent qualified public accountant (IQPA) to its 1989
filing.
On December 3, 1993, Respondent requested a
formal hearing before the Office of Administrative Law Judges.
After some procedural delays, a formal hearing
was scheduled in this case for July 20, 1995.
On April 19, 1995, Complainant filed a motion to
dismiss based on its October 4, 1994 letter to Respondent in which
it informed Respondent that the IQPA report was now acceptable and
it was withdrawing the civil money penalty assessed. Accordingly,
Complainant stated, a formal hearing is no longer required in this
case.
No response to Complainant's motion has been
filed by Respondent. Consequently, I shall grant Complainant's
motion.
ORDER
It is ORDERED that the request for a formal hearing of
Respondent, Delford Industries, Inc., is DISMISSED and the hearing
scheduled for July 20, 1995 is cancelled.
ROBERT D. KAPLAN
Administrative Law Judge
Camden, New Jersey
NOTICE OF APPEAL RIGHTS: Any party to this proceeding
desiring review of this Decision and Order may petition the
Secretary of Labor to review this Decision and Order. To be
effective, such petition shall be received by the Secretary within
20 calendar days of the date of this Decision and Order. Copies of
the petition shall be filed with the Secretary at the Office of
Administrative Appeals, U.S. Department of Labor, Room S-4309,
Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC
20210. Copies of the petition shall be served on all parties and
on the Administrative Law Judge. Otherwise, this decision shall
become the final agency action within the meaning of 5 U.S.C.
§704. Provisions regarding review rights are set forth at 29
C.F.R. §2570.69.
