Grand Rapids Inter-Tribal Council
v. USDOL, 92-JTP-20 (ALJ Mar. 29,
1994)
UNITED STATES DEPARTMENT OF
LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002
Dated: March 29, 1994
Case No.: 92-JTP-20
In the Matter of
GRAND RAPIDS INTER-TRIBAL COUNCIL Complainant
v.
UNITED STATES DEPARTMENT OF LABOR Respondent
DECISION AND ORDER
This matter arises under the Job Training
Partnership Act (JTPA), 29 U.S.C. §1501, and the applicable
regulations set forth at 20 C.F.R. Part 636.
On June 24, 1992, the United States Department
of Labor (DOL) issued a final determination notifying Grand
Rapids Inter-Tribal Council that they would no longer be funded
for the Job Training Partnership Act as a result of DOL's audit
of Complainant's programs under the JTPA. By letter filed July
13, 1992, Complainant requested a hearing before this Office. On
July 22, 1992, this Office issued a Notification of Receipt of
Request for Hearing and Prehearing Order which required both
parties to file certain information relating to this matter. On
September 4, 1992, Complainant filed its Notice of Intent to
Participate and on September 24, 1992, DOL filed its
Administrative File. On October 9, 1992, DOL filed their
response to the Prehearing Exchange.
On December 9, 1993, this Office issued an
Order to Show Cause to Complainant instructing them to show cause
why a default judgment should not be entered in this case. To
date, Complainant has failed to respond to Prehearing Order or
the Show Cause Order. The regulations provide at 29 C.F.R.
§18.6(d)(2)(v) that:
If a party or an officer or agent of a party fails
to comply with a subpoena or with an order, . . .
or any other order of the administrative law judge,
the administrative law judge, for the purpose of
permitting resolution of the relevant issues and
disposition of the proceeding without unnecessary
delay despite such failure, may . . . [r]ule that a
pleading, or part of a pleading, or a motion or
other submission by the non-complying party;
concerning which the order or subpoena was issued,
be stricken, or that decision of the proceeding
be rendered against the non-complying party, or both.
After reviewing the record and considering
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Complainant's failure to participate in this matter, I hereby
ORDER that a Judgment by Default is entered against Complainant.
I adopt the findings of fact as set forth in the Final
Determination.
In light of the foregoing, Complainant's
request for hearing is DISMISSED and the Final
Determination is AFFIRMED.
