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Biospherics, Inc., ARB No. 97-001 (ARB Oct. 28, 1996)


U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

ARB Case No. 97-001
DATE: October 28, 1996

In the Matter of:

BIOSPHERICS, INC.

    In re: General Services Administration
Contract No. GS00K94AFD2465
for information services, Cumberland,
Allegany County, Maryland

ORDER OF REMAND

    The Administrative Review Board, United States Department of Labor, is in receipt of a Wage and Hour Division Administrator's motion, requesting that the Board dismiss the captioned Petition for Review on the ground that the July 31, 1996 Wage and Hour Division letter from which appeal was sought is not a final appealable decision under the Board's rules of practice. See 29 C.F.R. Part 8 (1996). Petitioner Biospherics, Inc., filed a response to the Administrator's motion to dismiss and does not object to a remand for the purpose of Wage and Hour reconsidering this matter and subsequently issuing a final determination. Accordingly, for good cause shown and there being no opposition, it is hereby

    Ordered, that the captioned matter is dismissed without prejudice and, further, is remanded to the Wage and Hour Division for reconsideration and issuance of a final determination. It is further

    Ordered, that the Wage and Hour Division shall complete reconsideration of this matter and issue a final determination on or before the expiration of 75 days from the date of this Order.

    SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member



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