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: SEPTEMBER 12, 1995
CASE NO: 91-MSP-81
IN THE MATTER OF
UNITED STATES DEPARTMENT OF LABOR,
Complainant,
v.
FAUSTINO AGUILERA and
GUSTAVO AGUILERA,
Respondents.
DECISION AND ORDER APPROVING AGREED SETTLEMENT
This case arises under the Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C. § 1801, etseq., and the regulations issued thereunder at 29 C.F.R.
Part 500.
Background
On April 12, 1990, the United States Department of Labor
(USDOL) notified Respondents of an assessment of a civil money
penalty in the amount of $3,625.00 for violations of the MSPA and
the regulations thereunder. The Respondents timely requested a
hearing, and on September 30, 1991, the USDOL filed an Order of
Reference with the Office of Administrative Law Judges (OALJ) in
Washington, D.C.. The OALJ issued a Notice of Docketing on
December 2, 1991. The Respondents, the party requesting the
hearing, were instructed to submit on or before December 27, 1991,
a statement pursuant to 29 C.F.R. § 500.212, specifying "the
issue or issues stated in the notice of determination giving rise
to such request" and stating "the specific reason or reasons why
the person requesting this hearing believes such determination is
in error."
Due to the Respondents' failure to respond to the Notice of
Docketing, on March 6, 1992, the OALJ issued an Order requiring the
Respondents to show cause why a default judgment should not be
[PAGE 2]
entered in this case. On April 30, 1992, the Respondents,
prose, filed an acceptable response to the show
cause order by filing a statement specifying their reasons for
requesting a hearing, in compliance with the Notice of Docketing.
This case was subsequently assigned to the undersigned for formal
hearing and adjudication.
After previous Notices of Hearings and continuances, this
matter was set for hearing pursuant to a "Notice
Rescheduling Hearing Date" dated June 9, 1995, setting this matter
for hearing on August 16, 1995, in Ventura, California. However,
prior to the hearing, on August 14, 1995, I received a telephone
call from the attorney for the U.S. Department of Labor, advising
this office that this matter had settled; and requesting that this
matter be taken off calendar pending the receipt of the settlement
documents.
Agreed Settlement
On September 11, 1995, I received the fully executed
Settlement Agreement which bears the signatures of: the attorney
for the U.S. Department of Labor and both Respondents. The
settlement agreement provides:
1. That the Respondents agree to withdraw their request for
a hearing on the condition that the total amount of
assessment be reduced from $3,625.00 to $2,400.00.
2. That the Secretary agrees to amend the amount of the
civil money penalty to be assessed to the total amount of
$2,400.00.
3. That the Respondents agree to withdraw any and all
exceptions to the civil money penalty assessment, as so
amended; and the Respondents agree to pay said civil
money penalty assessment, as so amended.
4. That each party agrees to bear its own fees and other
expenses incurred by such party in connection with any
stage of this proceeding to date.
5. That the Respondents assure the Secretary that they are
currently complying with the Act and will continue in the
future to comply in full with the Act and the applicable
regulations issued thereunder.
A copy of the Settlement Agreement submitted by the parties is
attached hereto and incorporated herein.
[PAGE 3]
Having found the settlement agreement to be fair and equitable
and in the public interest, it is hereby ORDERED that such
settlement agreement be approved.
SO ORDERED this day of September, 1995, at
Long Beach, California.
DANIEL L. STEWART
Administrative Law Judge
DLS:lmh
