U.S. Department of Labor Office of Administrative Law Judges
501 W. Ocean Boulevard, Suite 4300
Long Beach, California 90802
(310) 980-3594
(310) 980-3596
FAX (310) 980-3597
DATE: July 25, 1995
CASE NO: 95-RIS-00010
IN THE MATTER OF
U.S. DEPARTMENT OF LABOR,
PENSION AND WELFARE BENEFITS
ADMINISTRATION,
Complainant,
v.
CASA HERRERA, INC.,
Respondent.
ORDER OF DISMISSAL
This case arises under 29 C.F.R. Parts 2560 and 2570, which
implement sections 502 and 505 of the Employee Retirement Income
Security Act of 1974, as amended, (commonly known as "ERISA",
hereinafter the "Act"); 29 U.S.C. §§ 1132 and 1135, and
the Secretary of Labor's Order 1-87, 52 Fed. Reg. 13,139 (1987).
In a Notice of Determination on Statement of Reasonable Cause
dated September 30, 1994, Complainant, the U.S. Department of Labor
Pension and Welfare Benefits Administration, assessed a $2,500.00
fine on Respondent, Casa Herrera, Inc., under § 502(c)(2) of
the Act, 29 U.S.C. § 1132(c)(2), because of alleged
deficiencies in Respondent's Form 5500 annual report for 1991. In
a "Protest" dated October 27, 1994, Respondent requested an
administrative hearing as provided by 29 C.F.R. §§
2560.502c-2(h) and 2570.61(c)). The matter was referred to the
Office of Administrative Law Judges for hearing and assigned to the
undersigned Administrative Law Judge, who set a pre-hearing
conference for August 14, 1995, 8:30 a.m., at Long Beach,
California.
The undersigned is in receipt of a "Request for Dismissal"
[PAGE 2]
dated June 29, 1995, and received July 5, 1995, from Complainant's
counsel. Counsel requests "this Court dismiss this matter on the
basis that the Department of Labor has withdrawn its Notice of the
penalty at issue." Counsel states in his "Withdrawal of Notice of
Determination" that "due to a procedural error, the Department of
Labor (Department) hereby withdraws the Notice issued in the above
captioned matter." Furthermore, the "Department's withdrawal of
the Notice is limited to the issues discussed in the Notice", and
the "Department is not precluded from taking any further action on
issues under the Employee Retirement Income Security Act of 1974."
Respondent, Casa Herrera, Inc., has advised that they have no
objection to a dismissal of this matter.
After reviewing the entire file in this matter and further
being fully advised in the premises, it is determined that the
Request for Dismissal by the Complainant in the above-styled matter
should be GRANTED. Accordingly, the above-styled matter is
HEREBY DISMISSED without prejudice.
Entered on this day of July, 1995, at Long
Beach, California.
SAMUEL J. SMITH
Administrative Law Judge
SJS:lmh
