DATE: June 1, 1995
CASE NO.: 94-JTP-4
In the Matter of:
TDC TRAINING & DEVELOPMENT CORP.
Complainant
v.
UNITED STATES DEPARTMENT OF LABOR
Respondent
APPEARANCES:
William R. Meier, Esq.
For Complainant
Scott Glabman, Esq.
For Respondent
Before: David W. Di Nardi
Administrative Law Judge
DECISION AND ORDER GRANTING WITHDRAWAL WITH PREJUDICE
This case arises under the Job Training Partnership Act
( JTPA or the Act ), 29 U.S.C. §§ 1501-1781 (1988), and
the implementing regulations at 20 C.F.R. Part 626 (1991) and 20
C.F.R. Part 18 (1991).
BACKGROUND
This matter arose as a result of an audit conducted by the
Division of Audit, Closeout and Appeals Resolution wherein the
Grant Officer disallowed certain costs claimed by TDC Training and
Development Corp. ( Complainant herein). Complainant timely took
exception to the disallowance and requested a formal hearing before
the Office of Administrative Law Judge.
The parties were notified that the matter had been docketed at
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the Office of Administrative Law Judge and they timely filed pre-
hearing reports. In accordance with our procedures, the matter was
assigned to this Administrative Law Judge and, pursuant to a
Notice of Hearing and Pre-Hearing Order issued on December
16, 1994, a hearing was scheduled to begin on May 30, 1995 in
Bangor, Maine.
Thereafter, the parties advised the Administrative Law Judge
on May 3, 1995 that the matter had been resolved amicably, that a
hearing would not be necessary herein and that the appropriate
papers would be filed as soon as possible. The parties filed on
May 10, 1995 a Stipulation of Dismissal, the terms of which
are incorporated herein by reference. 29 C.F.R. Part 636 deals
with Complaints, investigations and hearings under the JTPA and 29
C.F.R. § 636.10 relates to hearings before the Office of
Administrative Law Judge. Section 636.10(h)(3) provides:
Nothing in this subsection shall be construed to limit the right
of the parties to seek a dismissal of the request for
hearing...
In view of the foregoing, and as the STIPULATION OF
DISMISSAL is signed by both parties before me, it is
determined that this matter shall be, and the same hereby is
DISMISSED WITH PREJUDICE, pursuant to 29 C.F.R. §
636.10(h)(3).
__________________________
DAVID W. DI NARDI
Administrative Law Judge
Dated:
Boston, Massachusetts
DWD:dr
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SERVICE SHEET
Case Name: TDC Training & Development Corp.
Case No.: 94-JTP-4
Title of Document: DECISION AND ORDER GRANTING
WITHDRAWAL WITH PREJUDICE
This is to certify that a copy of the above DECISION AND ORDER was
mailed to the following interested parties on ________________.
David O. Williams Scott Glabman, Esq.
Office of the Special Counsel Counsel for Trial
Employment & Training Admin. Litigation
Room N-4671 Office of the Solicitor
200 Constitution Ave, N.W. Room N-2101
Washington, D.C. 20210 200 Constitution Ave, N.W.
Washington, D.C. 20210
R. Lance Grubb
Grant/Contracts Officer Charles G. Tetro
Office of Grants and Contracts President
Management Training &
U.S. Dept. Of Labor Development Corp.
Room N-4716, FPB 18 School Street
200 Constitution Ave, N.W. P.O. Box 1669
Washington, D.C. 20210 Bucksport, ME 04416
Albert H. Ross William R. Meier, Esq.
Regional Solicitor P.O. Box 935
U.S. Department of Labor Bangor, ME 04402-0935
One Congress St, 11th Fl.
Boston, MA 02114
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