Administrator v. Evandale Trust d/b/a California Nursing & Home Care, 95-LCA-5 (ALJ Dec. 29, 1994)

U.S. Department of Labor                          Office of Administrative Law Judges
                                     501 W. Ocean Boulevard, Suite 4300
                                        Long Beach, California  90802
                                               (310) 980-3594
                                               (310) 980-3596
                                    FAX (310) 980-3597


DATE:  DECEMBER 29, 1994

CASE NO:  95-LCA-5

IN THE MATTER OF

     ADMINISTRATOR, WAGE AND HOUR DIVISION
     U.S. DEPARTMENT OF LABOR
          Prosecuting Party,
     v.

     EVANDALE TRUST, d/b/a, CALIFORNIA NURSING AND HOME CARE,
          Respondent.

           DECISION AND ORDER APPROVING WITHDRAWAL

     This case arises under the Immigration and Nationality Act
(INA) of 1952, as amended, 8 U.S.C. § 1101 et
seq., and the implementing regulations at 29 C.F.R. Part
507, Subparts H and I (1994).  On December 22, 1994, I issued a
Notice of Hearing and Order which scheduled a hearing for January
18, 1995.  On December 27, 1994, I received a letter, via
facsimile, addressed to me from Eufemia A. Ramirez of Evandale
Trust/California Nursing and Home Care.  By way of this letter Ms.
Ramirez withdraws her firm's request for a hearing.  In the same
facsimile transmission I received a copy of a letter dated December
27, 1994, from Linda M. Burleson, District Director, Wage & Hour
Division, U.S. Department of Labor, to Eufemia A. Ramirez of
Evandale Trust/California Nursing and Home Care.  In this letter
Ms. Burleson states that because Ms. Ramirez had provided necessary
documentation the assessment of $3,000.00 was withdrawn.  Ms.
Burleson also confirms a telephone conversation in which Ms.
Ramirez indicated she would withdraw her request for a hearing.

     This matter was set for hearing pursuant to 29 C.F.R. §
507.820(b)(2) (1994), after Evandale Trust/California Nursing and
Home Care requested a hearing to appeal the $3,000.00 assessment of
the Administrator, Wage and Hour Division.  Because both the 
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assessment and request for hearing have been withdrawn, there is no
longer any need for a hearing.  The withdrawal of the request for
a hearing is HEREBY APPROVED and the hearing scheduled for
January 18, 1995, is HEREBY CANCELLED.


                                                               
 
                                   DANIEL L. STEWART
                                   Administrative Law
Judge