USDOL v. Indus International Associates, Inc., 2002-LCA-18 (ALJ Aug. 2, 2002)

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: 02Aug2002

CASE NO.: 2002-LCA-0018

In the Matter of:

ADMINISTRATOR, WAGE & HOUR DIVISION,
    Prosecuting Party

    v.

INDUS INTERNATIONAL ASSOCIATES, INC.
    Respondent

   This matter arises under § 212(n) of the Immigration and Nationality Act of 1990 and amended in 1991, 8 U.S.C. 1182(n) (Act) and the regulations promulgated thereunder at 20 C.F.R. § 655.800, et seq. A formal hearing was scheduled for August 12, 2002, in Atlanta, Georgia. By motion filed August 1, 2002, the Administrator, Wage and Hour Division, has requested that the Determination Letter issued herein be withdrawn, and that the case be remanded for further investigation and a new determination letter.

   For good cause shown, it is Ordered that:

1. The motion to withdraw the Determination Letter is granted;

2. This matter is remanded to the jurisdiction of the Administrator, Wage and Hour Division, U.S. Department of Labor for reconsideration; and¹

3. The hearing set for August 12, 2002, is canceled.

¹ In reconsidering this matter, the Administrator is advised that the notice of hearing was mailed to the Respondent and to Mr. Raghunath R. Bhongiri, its President. Both letters were returned as undeliverable as addressed. Further, Attorney Theodore Lackland, advised by telephone that, while he had represented the company, it is now defunct. Finally, any new Determination Letter should determine whether any personal liability is asserted against the President of the company or any other company officers.