Case No. 81-ERA-8

In the Matter of

LARRY J. GASAWAY
    Complainant

    vs.

BALDWIN ASSOCIATES
    Defendant

    The captioned matter was set for hearing on Monday, August 31, 1981 in Bloomington, Illinois, pursuant to Notice issued on August 11, 1981. The hearing was noticed pursuant to a complaint filed by the Complainant under the Energy Reorganization Act of 1974 (42 USC 5851) and regulations promulgated thereunder requiring expeditious disposition and handling of the case.

    The Complainant failed to appear at the scheduled August 31, 1981 hearing, and did not give timely notice that he did not intend to appear. His failure to appear entailed considerable expense and inconvenience on all parties concerned with the hearing as outlined in the September 2, 1981 Show Cause Order.

    The Order to Show Cause why the case should not be dismissed was issued on September 2, 1981 granting the Complainant 15 days to respond. There has been no response to the Order.

    Pursuant to a Motion by Defendant to Dismiss the Complaint, made at the hearing on August 31, 1981, under regulations¹ providing that an administrative law judge may, at the request of any party, dismiss a claim upon failure of the Complainant or his or her representative to attend a hearing without good cause, the Motion is hereby granted.

    IT IS HEREBY ORDERED that the Complainant's complaint be dismissed with prejudice.

    Dated and signed at Washington, D.C. this 28th day of September, 1981.

       RHEA M. BURROW
       Administrative Law Judge

¹ See Federal Register, Tuesday, January 8, 1980, Part V, Department of Labor, Office of the Secretary [29 CFR Part 24 (Section 24(e)(4)].