DATE: February 25, 1997

CASE No. 97-TSC-0002

In the Matter of

LISA ENGEL
   Complainant

    v.

NATIONAL RADIO ASTRONOMY OBSERVATORY
   Respondent

    On January 16, 1997 Respondent filed a Motion to Dismiss the complaint under the Toxic Substances Control Act, 15 U.S.C. §2622, because the complaint was not timely filed. On February 12, 1997 I issued an Order to Show Cause requiring that Complainant show cause why the complaint should not be dismissed as untimely.

    On February 18, 1997 Complainant filed a "Response to Order to Show Cause and Withdrawal of Appeal." Complainant here concedes that the complaint was not filed within the requisite 30 days after the alleged violation and states that she is withdrawing her "appeal" (i.e., request for a formal hearing pursuant to 29 C.F.R. Part 24).

    Accordingly, Complainant's motion to withdraw her request for a hearing is GRANTED.

    It is ORDERED that the hearing scheduled for March 10, 1997 is canceled.

      ROBERT D. KAPLAN
      Administrative Law Judge

Camden, New Jersey