Date: January 27, 1998

Case No.: 97-CER-0001

In the Matter of:

TAMMY ANN ANDERSON
    Complainant

    v.

DeKALB PLATING COMPANY, INCORPORATED
    Respondent

BEFORE: J. MICHAEL O'NEILL
    Administrative Law Judge

   This case arises under the employee protection provision of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, 9610 (1988), et seq. A request for hearing was filed and docketed on August 21, 1997.

   A Notice of Case Assignment and Preliminary Order, issued to elicit information from the parties to expedite the scheduling of an evidentiary hearing, was issued on October 24, 1997. At the Complainant's request, the date for responding to the Preliminary Order was continued until January 16, 1998.

   In a letter transmitted by facsimile to me on January 16, the Complainant has indicated her desire to withdraw her request for hearing, stating that she has been unable to retain counsel to represent her in this action and that she will pursue an alternative remedy under the law of Illinois.

   I recommend that the Complainant's petition to withdraw her request for a hearing be granted and that her complaint be dismissed with prejudice. 29 C.F.R. §§18.9, 18.39 and Part 24.

       J. MICHAEL O'NEILL
      Administrative Law Judge

NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. The Administrative Review Board has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).