Larue v. KLLM Transport Services Inc., 2001-STA-54 (ALJ Nov. 29, 2001)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Issue date: 29Nov2001

Case No.: 2001-STA-00054

In the Matter of

PATRICIA C. LARUE

    Complainant

    v.

KLLM TRANSPORT SERVICES, INC.

    Respondent

RECOMMENDED ORDER OF DISMISSAL

Findings and Conclusions

    This case arises under the Surface Transportation Assistance Act of 1982 (STA) 49 U.S.C. 31101 et seq. Complainant objected to the July 17, 2001, determination of OSHA that her claim for relief under the employee protection provisions of STA was without merit. Her appeal was transferred to the Office of Administrative Law Judges and, after an earlier setting, the matter was scheduled for formal hearing on October 30, 2001. At that time, both the undersigned and counsel for Respondent appeared at the designated time and place, but neither Complainant nor anyone on her behalf made an appearance. Subsequently, an order issued on October 31, 2001, providing Complainant ten (10) days to show cause why her appeal should not be dismissed. No response was forthcoming.

ORDER

    It is hereby recommended that Complainant's appeal be dismissed as abandoned and the determination of OSHA be accepted as the final result in this matter.

       C. RICHARD AVERY
       Administrative Law Judge

NOTICE: This Recommended Order of Dismissal and the administrative file in this matter will be forwarded for review by the Administrative Review Board, U. S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., N. W., Washington, DC 20210. See 29 C.F.R. 1978(a), 61 Fed. Reg. 19978 (1996).