On January 9, 1985, the Complainant was advised by the
Acting Area Director, Employment Standards Division, Wage and
Hour Division, Trenton, New Jersey, that an investigation failed
to verify that discrimination was a factor in the actions
comprising his complaint.
In accordance with the applicable regulations, the letter
notified the Complainant that the determination shall become the
final order of the Secretary denying the complaint unless within
[Page 2]
five calendar days of its receipt the Complainant files with this
office a request by telegram for a hearing on the complaint. 29
C.F.R. Part 24, § 24.4(d)(2)(i).
The Complainant signed for and received the letter on
January 11, 1985. The telegram requesting a hearing was filed
and received in this office on january 18, 1985. Therefore, the
determination has become the final order of the Secretary and
this office has no cause or issue before it for hearing.
Accordingly, this matter is remanded to the Secretary of
Labor for appropriate action.
AARON
SILVERMAN
Administrative Law Judge
Dated: FEB 5 1985
Washington, D.C.
AS/dew
[ENDNOTES]
1 42 U.S.C. 5851
