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| September 25, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter Rojas v. Ince Distributing, Inc., 2000-CAA-16 (ALJ June 29, 2000)
Date: June 29, 2000 Case No.: 2000-CAA-16 In The Matter of
RICHARD T. ROJAS,
v. INCE DISTRIBUTING, INC., Respondent.
WITHDRAWAL OF APPEAL On June 15, 2000, Respondent, Ince Distributing, Inc. received a disposition letter regarding a complaint filed by a former employee, Richard T. Rojas. Respondent on June 21, 2000 filed a letter requesting a hearing. On June 28, 2000, Respondent filed a letter motion for withdrawal of his request for a hearing, "because I misinterpreted the letter from the U.S. Department of Labor." The Regional Supervisor stated, in the closing letters that Mr. Rojas' complaint was determined to have no merit and he was dismissing his complaint. I find no impediment to Respondent's request to withdraw his appeal. Here the parties have not entered into a settlement or other compromise agreement. Instead, Respondent is agreeing to be bound by the determination of the Regional Administrator, a determination which would have been binding on both parties had no appeal been filed. Accordingly, it is hereby Recommended that Respondent's Motion to Withdraw its appeal without prejudice is approved. So ORDERED.
RICHARD D. MILLS
NOTICE: This Recommended Decision and Order will automatically become the final order
of the Secretary unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the
Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins
Building, 200 Constitution Avenue, N.W., Washington, DC 20210. Such a petition for review must be
received by the Administrative Review Board within ten (10) business days of the date of ths
Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative
Law Judge. See 29 C.F.R. §§24.8 and 24.9, as amended by 63 Fed. Reg. 6614
(1998).
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