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Professional Ambulance Service, Inc., 93-CLA-110 (ALJ )

U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002

Dated:

Case No.: 93-CLA-110

In the Matter of

PROFESSIONAL AMBULANCE SERVICE, INC.
L & M AMBULANCE CORPORATION;
PROFESSIONAL WHEELCHAIR TRANSPORTATION,
INC.; and HARVEY L. KAGAN
    Respondents

DECISION AND ORDER APPROVING CONSENT AGREEMENT

    This proceeding arises under §16(e) under the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. §216(e)) and the regulations issued pursuant thereto at 29 C.F.R. Parts 579 and 580.

    On April 30, 1993, the Department of Labor (DOL) notified the above-named Respondents of the assessment of a civil money penalty in the amount of $78,000.00, as a result of violations of the overtime provisions of the Act. Respondents' filed a timely exception to the aforementioned assessments. On May 24, 1993, an Order of Reference was filed with this Office.

    On June 8, 1993, this Office issued a Notice of Docketing which required the parties to provide certain information. On July 8, 1993, Respondents filed their response to the items pertaining to the Prehearing Exchange. On July 12, 1993, DOL filed for an extension of time to respond to the Prehearing Exchange. The extension was granted and on August 5, 1993, DOL filed the Prehearing Exchange with this Office.

    On January 24, 1994, the parties filed the Consent Agreement which is attached hereto and incorporated herein. Pursuant to the terms of the Consent Agreement, the parties agree that such constitutes full and complete settlement of all issues in the above-captioned matter.

ORDER

    Upon consideration of the record and the Consent Agreement, I hereby ORDER that such is APPROVED in full and incorporated herein by reference. The Consent Agreement shall constitute my findings of fact and conclusions of law and shall constitute full, final and complete adjudication of this proceeding.

      JOHN M. VITTONE
      Deputy Chief Judge

Washington, D.C.
JMV/yw



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