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Administrator, Wage & Hour Division v. Kasi Corp., 2000-LCA-1 (ALJ May 4, 2000)


U.S. Department of LaborOffice of Administrative Law Judges
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Cincinnati, OH 45202

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Date Issued: May 4, 2000

Case No: 2000-LCA-1

In the Matter Of

ADMINISTRATOR, WAGE AND HOUR DIVISION,
   Prosecuting Party,

   v.

KASI CORPORATION,
   Respondent.

DECISION AND ORDER

   I issued a notice on February 22, 2000 setting this case for hearing on March 22, 2000 at St. Louis, Missouri. Counsel for the parties subsequently requested a continuance of the hearing to allow them to submit consent findings, which request I granted, allowing them until May 1, 2000 to submit the consent findings. By letter dated April 27, 2000, counsel for the Administrator, Malinda B. Schoeb, indeed submitted a duly executed settlement agreement and consent findings. This decision and order is substituted for the proposed order presented by the parties.

   Upon consideration of the specific terms of the settlement agreement and consent findings, it is determined that the terms of the settlement are fair and reasonable. As noted in the settlement agreement and consent findings, a copy of which is attached and made a part of this decision, the parties agree:

   1. the consent findings in this Decision and Order shall have the same force and effect as an order made after a full hearing;


[Page 2]

   2. the entire record on which this decision is being issued is based on the Administrator's determination and the consent findings;

   3. the parties waive all further procedural steps before the Office of Administrative Law Judges;

   4. the parties waive any right to contest the validity of this Decision and Order which is being entered in accordance with the settlement agreement and consent findings; and,

   5. the violations alleged in the Administrator's determination are and shall be deemed fully and finally resolved through the consent findings and this Decision and Order with respect to the individuals listed in Appendix A.

ORDER

   Upon consideration of the entire record, I find the provisions of the settlement agreement and consent findings should be accepted. Therefore, IT IS HEREBY ORDERED that the settlement agreement and consent findings is hereby approved and that it, together with this Decision and Order, shall constitute the final administrative order in this case. See 20 C.F.R. § 655.85(a).

      DONALD W. MOSSER
      Administrative Law Judge



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