American Association of Community Colleges v. USDOL, 2002-JTP-4 (ALJ Dec. 2, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 02 December 2003
CASE NO.: 2002 JTP 4

In the Matter of

AMERICAN ASSOCIATION OF COMMUNITY COLLEGES
    Complainant

    v.

U.S. DEPARTMENT OF LABOR
    Respondent

Appearances:
    Ms. Lisa C. Bureau, Attorney
    For the Complainant

    Mr. Frank P. Buckley, Attorney
    For the Respondent

Before:
    Richard T. Stansell-Gamm
    Administrative Law Judge

   This case arises under the Job Training Partnership Act, formerly 29 U.S.C. §§ 1501, et seq, and the applicable regulations issued at 20 C.F.R. Part 627. Pursuant to a revised Notice of Hearing, dated March 23, 2003, I set a hearing date of April 22, 2003 for this case in Washington, D.C. Just prior to the proceeding, I received notice that the parties had settled their dispute and were engaged in the process of preparing a formal settlement agreement. As a result, I continued the hearing. Over the course of the next several months, multiple minor accounting issues had to be resolved. Finally, on December 1, 2003, I received a copy of the parties' signed Stipulation of Dismissal. According to the parties, the Complainant formally withdraws its request for a hearing. The parties additionally agree the complaint may be dismissed with prejudice.¹ Accordingly, as the parties are in agreement, the case is DISMISSED WITH PREJUDICE.

SO ORDERED:

      RICHARD T. STANSELL-GAMM
      Administrative Law Judge

Date Signed: December 2, 2003
Washington, DC

¹ Although I delayed further judicial proceedings pending the parties' efforts to resolve the case, I find the reasoning in Indiana Dep't of Workforce Development v. U.S. Department of Labor, 1997 JTP 15 (ARB Aug. 20, 1998) sufficiently applicable and have dismissed the case without reviewing the contents of the parties' settlement agreement.