Date Issued: October 16, 1996

Case No.: 96-RIS-68

In the Matter of:

UNITED STATES DEPARTMENT OF LABOR,
PENSION AND WELFARE BENEFITS
ADMINISTRATION,
    Complainant

    v.

PENNFIELD CORPORATION,
    Respondent

Before: JOHN M. VITTONE
    Chief Administrative Law Judge

    This case arises under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C § 1100 et seq. and the regulations issued thereunder at 29 C.F.R. §§ 2560 and 2570.

    On May 23, 1996, the Pension and Welfare Benefits Administration, United States Department of Labor (DOL), issued a Notice of Intent to Assess a Penalty (Notice) against Pennfield Corporation (Respondent) for $6,050. DOL alleged that Respondent failed to timely file its plan's 1993 Form 5500 annual report as required by ERISA. In the Notice, Respondent was given an opportunity to file a Statement of Reasonable Cause. On June 19, 1996, Respondent filed the aforesaid Statement. Subsequently, DOL issued a Notice of Determination on Statement of Reasonable Cause on July 8, 1996. Therein, DOL waived $5,500 of the original penalty ($6,050) in this matter. A reduced civil money penalty for $550 is assessed against Respondent for violating ERISA and its regulations.

    Respondent requested a hearing before this Office on August 9, 1996. On August 22, 1996, this Office issued a Notice of Docketing which required the parties to exchange and submit certain information. On September 13, 1996, Respondent stated that it is withdrawing the appeal to the Notice of Determination on Statement of Reasonable Cause.

    The regulations at 29 C.F.R. § 2570.67(a)(1) state that "[w]here no issues of a material of fact is found to have been raised, the administrative law judge may issue a decision which . . . shall become a final order." In light of the foregoing, Respondent's request to withdraw the hearing is APPROVED and this matter is hereby DISMISSED.

      JOHN M. VITTONE
      Chief Administrative Law Judge

Washington, DC

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