U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date Issued: January 30, 1991
Case No: 90-CAA-1
In the Matter of
KRISTEN O. LORENZ,
Complainant,
v.
LAW ENGINEERING, INC.,
Respondent.
RECOMMENDED ORDER OF DISMISSAL
This proceeding arises under the Clean Air Act [42 U.S.C. §
7622] and the regulations promulgated at 29 C.F.R. Part 24. The
case is scheduled for hearing on February 11, 1991 at Phoenix,
Arizona.
Complainant on January 14, 1991 filed a withdrawal of her
request for hearing through her attorney, Bruce E. Meyerson.
Counsel explains by letter dated January 22, 1991 that his client
also is requesting to withdraw her complaint and a dismissal of
this case. Although no reason is given for the requested dismissal,
counsel states that there has been no settlement of his client's
dispute with Law Engineering, Inc.
[Page 2]
Neither the Clean Air Act nor the regulations promulgated at
29 C.F.R. Part 24 prohibit the withdrawal of a complaint prior to
a formal hearing on the merits. There is no evidence in the
record that the withdrawal of the complaint would be against the
interest of the public and it appears that the granting of the
request would be in the best interest of the complainant. Therefore,
IT IS HEREBY RECOMMENDED to the Secretary of Labor that the
request of Kristen O. Lorenz to withdraw her claim be granted and
that this claim be dismissed with prejudice. 29 C.F.R. § 24.6(a);
see Bidwell v. Pulman Power Products Corp./Georgia Power Co.,
Case No. 86-ERA-11, Secy. Decision and Order of Dismissal (March
22, 1989). IT IS HEREBY ORDERED that the hearing scheduled for
February 11, 1991 is continued generally pending the resolution
of this matter by the Secretary of Labor.