Eagle Harvesting and Hauling Co., Inc., 2001-TAE-1 (ALJ June 28, 2001)
U.S. Department of
Labor
Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 28Jun2001 CASE NO: 2001-TAE-1
In the Matter of
EAGLE HARVESTING AND HAULING CO., INC.,
Respondent.
DECISION AND ORDER
I issued a notice on November 22, 2000 setting this case for hearing on February 22, 2001 at Missoula, Montana. By letter dated and sent by facsimile on January 31, 2001, counsel for the U.S. Department of Labor, Kim P. Flores, advised that the parties were scheduled for mediation on March 13, 2001 and therefore requested a continuance of the hearing. I granted that request and allowed the parties until March 16, 2001 to advise me as to whether a basis of settlement had been reached. Counsel for the parties advised me on March 19, 2001 that a basis of settlement had been reached and requested 30 days to file the consent findings. On May 7, 2001, I granted the parties' request for an extension of time for the filing of the settlement agreement. By letter dated June 26, 2001, Ms. Flores submitted a duly executed settlement agreement and consent findings.
Upon consideration of the specific terms of the settlement agreement and consent findings, it is determined that the terms of the settlement are fair and reasonable. As noted in the settlement agreement and consent findings, a copy of which is attached and made a part of this decision, the parties agree:
1. the consent findings in this Decision and order shall have the same force and effect as an order made after a full hearing;
2. the entire record on which this decision is being issued is based on the Administrator's determination and the consent findings;
3. the parties waive all further procedural steps before the Office of Administrative Law Judges;
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4. the parties waive any right to contest the validity of this Decision and Order which is being entered in accordance with the settlement agreement and consent findings; and,
5. the violations alleged in the Administrator's determination are and shall be deemed fully and finally resolved through the consent findings and this Decision and Order with respect to the individuals listed in Appendix A.
ORDER
Upon consideration of the entire record, I find the provisions of the settlement agreement and consent findings should be accepted. Therefore, IT IS HEREBY ORDERED that the settlement agreement and consent findings is hereby approved and that it, together with this Decision and Order, shall constitute the final administrative order in this case.
