DATE: December 10, 1997

CASE NO.: 97-WPC-00003

In the Matter of

OZDEN F. MINDEVALLI,
    Complainant,

    v.

LOS ANGELES REGIONAL WATER
QUALITY BOARD,
    Respondent.

   This matter arises under the Federal Water Pollution Control Act (the"FWPCA"), 33 U.S.C. § 1367 et seq., and the regulations promulgated thereunder as contained at 29 C.F.R. Part 24. Complainant, Ms. Ozden F. Mindevalli, alleged violations of Section 110(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9610; Section 507(a) of the Federal Water Pollution Control Act, 33. U.S.C. § 1367; Section 7001(a) of the Solid Waste Disposal Act, 42 U.S.C. § 6871; Section 23(a)(1-3) of the Toxic Substances Control Act, 15 U.S.C. § 2622; and Section 1450(l)(1)(A-C) of the Safe Drinking Water Act, 42 U.S.C. § 300j-9(i). After the U.S. Department of Labor, Occupational Safety and Health Administration, determined that her allegations could not be substantiated, Complainant appealed to the Office of Administrative Law Judges pursuant to 29 C.F.R. Section 24.4(d)(2)(i).

   Pursuant to a "Notice Rescheduling Hearing Date" issued on October 29, 1997, this matter was scheduled for hearing before the undersigned administrative law judge on November 24, 1997, at 9:00 a.m. While Respondent's prehearing statement was timely filed on November 13, 1997, this office has yet to receive Claimant's prehearing statement despite a letter sent via mail on November 17, 1997, requesting that she submit same. Furthermore, although Respondent was present and ready to present its defense at the time appointed for the hearing, November 24, 1997, at 9:00 a.m., Claimant was nowhere to be found.

   Due to Claimant's failure to submit her prehearing statement, appear at the hearing, and request an extension or continuance, I issued an "Order to Show Cause" on November 25, 1997. Therein, Claimant was ordered to show cause as to why her complaint should not be dismissed with prejudice for abandonment pursuant to 29 C.F.R. Section 24.5(e)(4). Claimant

was given until December 8, 1997, in which to file her response to said order, which this office has yet to receive as of this date. Since Claimant did not appear at the hearing, did not show good cause prior to the hearing for her failure to appear, and did not respond to the "Order to Show Cause" of November 25, 1997, I find it appropriate to dismiss this case pursuant to the Code of Federal Regulations. See 29 C.F.R. § 24.5(e)(4); See also 29 C.F.R. § 18.39(b).

   Based upon the foregoing, it is HEREBY RECOMMENDED that this matter be DISMISSED WITH PREJUDICE.

   Entered this 10th day of December, 1997, at Long Beach, California.

       DANIEL L. STEWART
       Administrative Law Judge