Date: NOV 1 1995
Case No.:92-TSC-11

In the Matter of

WALTER A. CARTER,
   Complainant

    v.

ELECTRICAL DISTRICT NO. 2
OF PINAL COUNTY,
    Respondent.

   The Complainant requests that the damages hearing¹ in this matter be conducted in Washington, D.C. because Complainant's new attorneys' offices are located there. The Respondent opposes this request, and takes the position that the hearing should take place within 75 miles of the Complainant's residence near Casa Grande, in accordance with the governing regulation.

   The governing regulation at 29 C.F.R. § 24.5(c) provides that hearings "shall, where possible, be held at a place within 75 miles of the complainant's residence." The Complainant's request to conduct any hearing in Washington, D.C. may make it convenient for his attorneys, but it is clearly inconvenient for Respondent, Respondent's attorneys, and probable witnesses. Accordingly, Complainant's request to set the hearing in Washington, D.C. is denied. A presiding judge will be assigned forthwith.

At Washington, D.C.

      John M. Vittone
      Acting Chief Judge

JMV/trs

¹Whether the record in this matter will be reopened and whether a formal hearing on the remand issues is required are matters to be decided by the judge who is appointed to hear and decide this case on remand.