The STAA's implementing regulations provide:
At any time before the findings or order become final, a party may withdraw his objections to the findings or order by filing a written withdrawal with the administrative law judge or, if the case is on review, with the Administrative Review Board, United States Department of Labor. The judge or the Administrative Review Board, United States Department of Labor, as the case may be, shall affirm any portion of the findings or preliminary order with respect to which the objection was withdrawn.[12 ]
Before the Board issued a final decision in this case, Cortez filed a written withdrawal of his objections to the Secretary's initial findings. Accordingly, we GRANT his request to withdraw his objections to the Secretary's preliminary findings and AFFIRM those findings denying his complaint as provided in 29 C.F.R. § 1978.111(c).
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
OLIVER M. TRANSUE
Administrative Appeals Judge
[ENDNOTES]
1 49 U.S.C.A. § 31105 (West 2007). The STAA has been amended since Cortez filed his complaint. See Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53, 121 Stat. 266 (Aug. 3, 2007). We need not decide here whether the amended provisions are applicable to this complaint because even if the amendments applied, they are not at issue in this case and thus would not affect our decision.
2 29 C.F.R. Part 1978 (2007).
3 See 29 C.F.R. § 1978.105(a).
4 Letter from David R. Joe, Esq. to Chief Docket Clerk, Office of Administrative Law Judges dated Mar. 5, 2007.
5 See 49 U.S.C.A. § 31105(b)(2)(C); 29 C.F.R. § 1978.109(c)(1).
6 Secretary's Order 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002); 29 C.F.R. § 1978.109(a).
7 29 C.F.R. § 1978.109(c)(3); BSP Trans, Inc. v. U.S. Dep't of Labor, 160 F.3d 38, 46 (1st Cir. 1998); Castle Coal & Oil Co., Inc. v. Reich, 55 F.3d 41, 44 (2d Cir. 1995).
8 5 U.S.C.A. § 557(b) (West 1996).
9 See Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991).
10 See 29 C.F.R. § 1978.109(a).
11 Letter from Noe J. Saucedo, Esq. to Administrative Review Board dated Apr. 27, 2007.
12 29 C.F.R. § 1978.111(c).