DATE: January 7, 1999

CASE NO.: 98-WPC-0006

In the Matter of

Orren Douglas Drake
    Complainant

    v.

NEW MEXICO ENVIRONMENT DEPARTMENT
CONSTRUCTION PROGRAMS BUREAU
    Respondent

   For the second time, the Complainant has filed a document seeking withdrawal of his complaint. He changed his mind after the first occasion, hence the rescheduling of January 11, 1999. His current request was received on December 31, 1998, and no objection has been received from the Respondent, or, any indication that Mr. Drake has changed his mind again.

   Therefore, the hearing is CANCELED and the request for hearing and the complaint that it is based are DISMISSED.

   SO ORDERED.

       Ainsworth H. Brown
       Administrative Law Judge

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, NW, Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this 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).