The January 23, 1985, Recommended Order of the Administrative Law
Judge (ALJ) in this matter, arising under the whistleblower provisions of the Surface
Transportation Assistance Act (STAA), 49 U.S.C. § 2305, is before me for review.
The Regional Administrator of the Occupational Safety and Health
Administration, in his Preliminary Order issued in this case, made detailed findings and
concluded that Respondent was in violation of the STAA. Respondent objected to the findings
of the Regional Administrator and requested a hearing. However, before the case was heard by
the ALJ, the parties agreed to settle the case and submitted a settlement agreement to the ALJ.
In his Recommended Order the ALJ accepted the terms of the settlement
agreement, including Complainant's agreement to withdraw the complaint, and recommended
that I approve the settlement. I find the settlement agreement fair and therefore accept the ALJ's
recommendation that I approve it. However, the ALJ also adopted as part of his Recommended
Order the findings made by the Regional Administrator in the Preliminary order. Inasmuch as
the initial findings by the Regional Administrator were not incorporated by the settlement
agreement, it was improper for the ALJ to include those findings as part of his recommendation.
Therefore, I do not accept the ALJ's recommendations based on those findings.
In accordance with the settlement agreement, the complaint is
DISMISSED.
