DATE:  August 16, 1994
CASE NO. 94-TSC-1


IN THE MATTER OF

KEVIN BIXBY,

          COMPLAINANT,

     v.

STATE OF NEW MEXICO, OFFICE OF THE
COMMISSIONER OF PUBLIC LANDS, [1] 

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                   ORDER TO SUBMIT SETTLEMENT AGREEMENT

     On July 1, 1994, the Administrative Law Judge (ALJ) issued a
Recommended Order of Dismissal in this case arising under the
Clean Air Act, 42 U.S.C. § 7622 (1988); the Toxic Substances
Control Act, 15 U.S.C. § 2622 (1988); the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. § 9610 (1988); and the implementing regulations at 29
C.F.R. Part 24 (1993).  The ALJ concluded that the case should be
dismissed based on the parties' agreement as contained in a
document entitled "Stipulated Order of Dismissal," which was
executed by the parties and filed with the ALJ on June 28, 1994.

     The Stipulated Order of Dismissal expressly states that the
parties "wish to settle their differences," and that Respondent
is "willing to compensate" Complainant.  At pages 1 and 2.  Thus,
it appears that an additional agreement containing further terms
of settlement may exist.  This case may not be dismissed on the
basis of a settlement unless all the terms of the settlement have
been reviewed and the Secretary has found them to be fair, 
[PAGE 2]
adequate, and reasonable.  See Du Jardin v. Morrison
Knudsen Corp., Case No. 93-TSC-3, Sec. Order, Mar. 31, 1994,
slip op. at 1-2; McCoy v. Utah Power/Pacific Power, Case
Nos. 94-CAA-1/6, Sec. Order, Mar. 22, 1994, slip op. at 2;
see also Macktal v. Secretary of Labor, 923
F.2d 1150 (5th Cir. 1991); Thompson v. U.S. Department of
Labor, 885 F.2d 551, 556 (9th Cir. 1989); Fuchko and
Yunker v. Georgia Power Co., Case Nos. 89-ERA-9/10, Sec.
Order, Mar. 23, 1989, and cases cited therein, slip op. at 2. [2]

     Accordingly, the parties are ordered to submit a copy of the
additional terms of settlement for review within thirty days of
receipt of this order.  See O'Sullivan v. Northeast
Nuclear Energy Co., Case Nos. 88-ERA-37/38, et
seq., Sec. Order, June 17, 1992, slip op at 6; McQuay
v. The Waldinger Corp., Case No. 85-ERA-33, Sec. Order, Sept.
29, 1989, slip op. at 2.  If all the parties, including the
Complainant, have not signed the settlement agreement itself, the
parties shall submit a certification or stipulation, signed by
all the parties to the agreement, including the Complainant
individually, demonstrating their informed consent to the
agreement.  If there are no additional settlement terms, the
parties may submit a declaration to that effect pursuant to 28
U.S.C. § 1746 (1988).  Any submission should be sent to: 
Gresham C. Smith, Acting Director, Office of Administrative
Appeals, Room S-4309, 200 Constitution Ave., N.W., Washington,
D.C. 20210.
     SO ORDERED.



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.





[ENDNOTES]
           
[1]   The caption is corrected to reflect the complete name of
Respondent.

[2]   As the ALJ acknowledged, disposition of cases under the
regulations at Part 24 can be effected only by final order of the
Secretary.  29 C.F.R. § 24.6 (1993); Brock v.
Tennessee Valley Authority, Case No. 90-ERA-19, Sec. Order,
June 28, 1993, slip op. at 2; Avery v. B & W Commercial
Nuclear Fuel Plant, Case No. 91-ERA-8, Sec. Order, Oct. 21,
1991, slip op. at 3.