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USDOL/OALJ Reporter Office of Administrative Law Judges John W. McCormack Post Office and Courthouse Room 507 Post Office Square Boston, Massachusetts 02109 DATE: October 8, 1996 CASE No.: 96-ERA-25 IN THE MATTER OF:
HARRY J. SCULLY, JR.
v.
NORTHEAST NUCLEAR ENERGY COMPANY
DISMISSING COMPLAINT This is a proceeding under Section 210 of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5851 (hereinafter referred to as "the Act) and its implementing regulations found in 29 C.F.R. § 24. The undersigned is in receipt of a "Settlement Agreement," entered into by the parties on September 27, 1996 and received in this office on October 7, 1996. The regulations cited above do not contain any provision relating to a dismissal of a complaint by a voluntary settlement. Therefore, it is necessary to refer to the Rules of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges, at 29 C.F.R. § 18. In pertinent part, these regulations state:
29 C.F.R. § 18.1(a). Therefore, because the regulations at 29 C.F.R. § 24 do not address settlements, the regulations at § 18 are controlling. Section § 18.9, which is entitled Consent Order or Settlement; settlement judge procedure, allows the parties in a proceeding before an administrative law judge to reach agreement on their own, without actual participation by the administrative law judge. 29 C.F.R. § 18.9(a)- [Page 2] (c). Once agreement has been reached by the parties, the regulations permit them to, "[n]otify the administrative law judge that the parties have reached a full settlement and have agreed to dismissal of the action." 29 C.F.R. §18.9(c)(2). Once such notification occurs, the administrative law judge is then directed by § 18.9(d), which states in pertinent part:
29 C.F.R. § 18.9(d). In the case at bar, I find that the submitted agreement meets the provisions of 29 C.F.R. §18.9(b), as the agreement is fair, adequate and reasonable. Therefore, the settlement agreement is hereby APPROVED, and the complaint is hereby DISMISSED WITH PREJUDICE.
DAVID W. DI NARDI
Dated: October 8, 1996 Boston, Massachusetts DWD:gcb |
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