Accordingly, the Board issued an Order to Show Cause on June 13, 2008, requiring Paul to show why the Board should not dismiss his appeal on the grounds that the Board lacked the authority to consider it. Paul has not responded to the Board's Order.
Pursuant to 20 C.F.R. § 655.112(a), the ALJ's decision is the final decision of the Secretary of Labor and no further review shall be given. Therefore, the Board lacks the authority to consider the Complainant's request. Since the Complainant has failed to demonstrate that the Board has the authority to consider his request, we DENY his petition for review and we DISMISS this matter.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
DAVID G. DYE
Administrative Appeals Judge
[ENDNOTES]
1 8 U.S.C.A. § 1101(a)(15)(H)(ii)(a) (West 1999).
2 See 20 C.F.R. § 655, Subpart B (2008).
3 D. & O. at 9.
4 20 C.F.R. § 655.112(a)(2).