On October 4, 2007, the ALJ issued a lawful order to show cause why the complaint should not be dismissed, instructing Schwarzmueller to file a response as to his intentions and also informing Schwarzmueller that non-response would be taken as a request for dismissal. Schwarzmueller did not respond to the ALJ's order. Based upon the record before us, we conclude that substantial evidence and well-established legal precedent support the ALJ's recommended decision to dismiss.
Conclusion
Schwarzmueller failed to comply with the ALJ's October 4, 2007, order to show cause. Accordingly, the Board ACCEPTS the ALJ's R. D. & O. and DISMISSES Schwarzmueller's complaint.
SO ORDERED.
WAYNE C. BEYER
Chief Administrative Appeals Judge
OLIVER M. TRANSUE
Administrative Appeals Judge
[ENDNOTES]
1 49 U.S.C.A. § 31105 (West 2008); 49 U.S.C.A. § 31105 (West 2008). Regulations that implement the STAA are found at 29 C.F.R. Part 1978 (2007). Congress has amended the STAA since Schwarzmueller filed his complaint. See Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53, 121 Stat. 266 (Aug. 3, 2007). It is not necessary for us to determine whether the amendments are applicable to this case because even if they were, they would not affect our decision since they are not applicable to the issues presented for our review.
2 "The [ALJ's] decision shall be forwarded immediately, together with the record, to the Secretary for review by the Secretary or his or her designee." 29 C. F .R. § 1978.109(a).
3 Secretary's Order 1-2002 (Delegation of Authority and Responsibility to the Administrative Review Board), 67 Fed. Reg. 64,272 (Oct. 17, 2002); 29 C. F. R. Part 1978.
4 29 C. F. R. § 1978.109(c)(1).
5 29 C. F. R. § 1978.109(c)(3); BSP Trans, Inc. v. United States Dep't of Labor, 160 F.3d 38, 46 (1st Cir. 1998).
6 See Yellow Freight Sys., Inc. v. Reich, 8 F.3d 980, 986 (4th Cir. 1993).
7 Link v. Wabash R. R. Co., 370 U.S. 626, 630 (1962).
8 Id. at 630-631.
9 Rose v, ATC Viacom, Inc., ARB 05-091, ALJ No. 2005-STA-00014 (Aug. 31, 2006), slip op. at 3-4; Kruml v. Patriot Express, ARB 03-015, ALJ No. 02-STA-7, slip op. at 4-5 (ARB Feb. 25, 2004); Assistant Sec'y for OSH and Reichelderfer v. Bridge Transp., Inc., ARB No. 02-068, ALJ No. 2001-STA-041, slip op. at 3 (ARB Aug. 29, 2003).
10 R. D. & O. at 2. See 29 C.F.R. § 18.6(d)(2)(v); Dickson v. Butler Motor Transit, ARB No. 02-098, ALJ No. 01-STA-00039, slip op. at 4 (ARB July 25, 2003) (holding ALJ acted within range of his discretion in dismissing STAA complaints after complainant repeatedly ignored the ALJ's discovery and other orders).