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USDOL/OALJ Reporter
Russell v. Challenger Motor Freight, Inc., 97-STA-27 (ALJ Oct. 16, 1997)


OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400 NORTH
WASHINGTON, D.C. 20001-8002

Date: OCT 16 1997
Case No.: 97-STA-27

In the Matter of

BRIAN K. RUSSELL
Complainant,

    v.

CHALLENGER MOTOR FREIGHT, INC.,
    Respondent.

ORDER OF DISMISSAL

   On July 14, 1997, this office received a letter from Complainant which contained a number of objections to the Secretary's Findings. Although, this letter did not request a hearing, 29 C.F.R. § 1978.105 provides that written objections are considered a request for a hearing.

   Section 1978.105 also provides that such objections must be filed within 30 days of receipt of the findings. The Secretary's Findings were dated December 31, 1996.

   On July 21, 1997, Complainant was ordered to show cause why his request for a hearing should not be dismissed for lack of timeliness. As of this date, Complainant has failed to respond to the order to show cause. Accordingly, Complainant's request for a hearing is hereby DISMISSED for lack of timeliness.

    SO ORDERED.

       JOHN M. VITTONE
       Administrative Law Judge

JMV/TRS/kpf



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