Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105
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Issue Date: 26 November 2003
CASE NO. 2003-LCA-0034
In the Matter of:
ADMINISTRATOR, WAGE & HOUR DIVISION,
U.S. DEPARTMENT OF LABOR,
Prosecuting Party,
vs.
INDOAM ASSOCIATES, INC.,
Respondent.
DECISION AND ORDER APPROVING WITHDRAWAL
This case arises under the H-1B provisions of the Immigration and Nationality Act, as amended, 8 U.S.C. §1182(n), and the implementing regulations set forth at 20 C.F.R. Part 655, et seq.
On September 16, 2003, I issued a Trial Notice and Order scheduling a trial in this matter for December 11, 2003. On November 24, 2003, I received a letter forwarded to me which was addressed to the Chief Administrative Law Judge and dated November 12, 2003. The letter is from Chak Reddy, C.E.O. of Indoam Associates, Inc. and he states that he "hereby withdraw[s] my appeal of Administrator's Determination Pursuant to Regulation at 20 C.F.R. Part 655.815." By letter faxed and dated November 25, 2003, Susan Seletsky, attorney on behalf of the Regional Solicitor, who is representing the Administrator, Wage and Hour Division, U.S. Department of Labor, the Prosecuting Party, states that the Prosecuting Party "has no objection to the withdrawal of the appeal of the Administrator's determination . . . filed by Chak Reddy by letter dated November 12, 2003."
This matter was set for trial pursuant to 20 C.F.R. §§655.820 and 655.835 after Indoam Associates requested a hearing to appeal assessments of $31,800.00 and $351,075.01 by the Administrator, Wage and Hour Division. While there is no mention of withdrawal of these assessments, both parties agree that a hearing is not needed at this time.
Therefore, the withdrawal of the request for a hearing is HEREBY APPROVED and the hearing scheduled for December 11, 2003, is HEREBY CANCELLED.
