USDOL v. Southwest Import Rebuilders, 96-RIS-42
(ALJ Aug. 23, 1996)
U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Date Issued: August 23,1996
Case Number: 96-RIS-42
In the Matter of
U.S. DEPARTMENT OF LABOR, PENSION
AND WELFARE BENEFITS ADMINISTRATION
Complainant
v.
SOUTHWEST IMPORT REBUILDERS
Respondent
ORDER OF
DISMISSAL
This case arises under the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.
§§ 1132, 1135, the applicable regulations issued at 29
C.F.R. Parts 2560 and 2570, and the Secretary's Order, 1-87, 52
Fed. Reg. 13,139.
By letter dated October 18, 1995, the
Department of Labor (DOL) notified Respondent that it had
identified violations of the above-mentioned Act and regulations.
DOL alleges that Respondent failed to file satifactory annual
reports as required. Respondent filed a Request for
Administrative Hearing on April 8, 1996. This Office issued a
Notice of Docketing and Pre-Hearing Exchange on April 23, 1996,
which required both parties to file certain information regarding
this case. DOL filed a joint Motion for Postponement to file
pre-trial matters, which was granted on May 28, 1996. On July
19, 1996, DOL filed a joint Stipulation for Dismissal.
Respondent has paid a penalty assessment of $13,000 to the U.S.
Department of Labor and has achieved compliance with the
reporting requirements.
Because both parties have adequately resolved
this matter, it is hereby ORDERED that this matter be DISMISSED
with prejudice.
