Administrator, Wage & Hour Division, USDOL v. Ham Farms, Inc., 2003-TAE-2 (ALJ Nov. 26, 2003)
U.S. Department of Labor
Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904
(757) 873-3099 (757) 873-3634 (FAX)
Issue Date: 26 November 2003 Case No.: 2003-TAE-00002
In the Matter of
ADMINISTRATOR, WAGE AND HOUR DIVISION,
EMPLOYMENT STANDARDS ADMINISTRATION
U. S. DEPARTMENT OF LABOR,
Plaintiff,
v.
HAM FARMS, INC.
Respondent.
DECISION AND ORDER
This matter comes on for consideration of an administrative determination of the Secretary of Labor issued on May 9, 2003, under the Immigration Reform and Control Act of 1986, 8 U.S.C, § 1186, et seq., and Regulations thereunder found at 29 C.F.R. Part 501. The parties having submitted agreements and consents in disposition hereof as contained in Consent Findings concurrently adopted, incorporated herein, and made a part hereof, and it appearing that all requirements of Regulation found at 29 C.F.R. § 501.40 have been complied with, now, therefore, in accordance with such Consent Findings, it is
ORDERED that imposition of civil money penalty, as modified, in the amount of $2,375.00 hereby is affirmed, payment of which shall be in accordance with the terms and conditions set forth in said Consent Findings; and withdrawal of Respondent's request for hearing is approved. It is
FURTHER ORDERED that in accordance with Regulation found at 29 C.F.R. § 501.41, this constitutes the FINAL ORDER of the Secretary.
RICHARD K. MALAMPHY
Administrative Law Judge
RKM/ccb
Newport News, Virginia
NOTICE: A Respondent, the Administrator or any interested party desiring review of this Decision and Order may petition for such review by the Secretary, in accordance with the procedure set forth in 20 C.F.R. §501.42. A petition for review must be timely filed with the Administrative Review Board, U. S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210. See Secretary's Order 2-96, paragraph 4c (18), 61 Fed. Reg. 19978 (May 3, 1996); Final Rule, 61 Fed. Reg. 19982 (May 3, 1996) (delegating review functions of Secretary under pertinent statute and regulations to Administrative Review Board). To be timely filed, a petition for review must be filed within thirty (30) days of the date of this Decision and Order. See 20 C.F.R. § 501.42(a).
