Dated:  April 26, 1996

In the Matter of

CHARLES A. BABEL
     Complainant

     v.

FEDERAL WAY WATER AND
SEWER DISTRICT
     Respondent

95-CAA-23
ORDER

     On September 14, 1995, I issued an Order requiring
the parties to file briefs setting out their respective positions
on the Associate Regional Solicitor's dismissal of the
complainant's request for enforcement of the parties' settlement
agreement.  The deadline to file these briefs was postponed twice
at the request of the parties, first until November 20th and then
to December 22nd.  The parties stated that there was a high
probability that the postponements would result in the settlement
of the case. When a settlement was not reached by December 22nd,
complainant filed his brief.  However, neither of the other
parties did so.  

     On February 13, 1996, I conducted a conference call at which
each of the parties was represented, for the purpose of
ascertaining the current status of the case.  Again, I was
requested to hold matters in abeyance based on the parties'
representation that the case appeared to have been resolved that
morning.  The parties were instructed to make a progress report
in mid-March if a settlement agreement had not been submitted by
that time.  As of today, April 25th, I have not heard anything
further from the parties.  It is time to move this case along.

     In regard to the complainant's appeal of the Associate
Regional Solicitor's dismissal of his request for enforcement of
the settlement agreement, I believe that the appeal should have
been filed with the Secretary.  It is the Secretary who issued
the Final Order approving the parties' settlement; I issued only
a recommended decision. Since the Secretary has held that an
agreement to settle litigation "is specifically enforceable in
the court where the agreement was effected ..." Orr v. Brown &

[PAGE 2]
Root, Inc., 85-ERA-6  (Decision and Order of the Secretary,
Oct. 2, 1985) , slip op. at 2, and in this case that agreement
was effected by the Secretary, it is up to the Secretary to
determine whether an action to enforce the agreement is
appropriate.  Accordingly, this case will be transmitted to the
Secretary for appropriate action.


                                   Jeffrey Tureck
                                   Administrative Law
Judge