Following issuance of his Recommended Decision and Order in the
above-captioned case on October 30, 1985, Administrative Law Judge (ALJ) James W. Kerr, Jr.,
transmitted the record of the case to me for review. Examination of the transcript of the hearing
reveals that approximately one hundred (100) exhibits were utilized during the hearing. The
record transmitted to me, however, contains only twenty (20) exhibits. A list of these exhibits is
attached. Moreover, it appears that only some of the twenty exhibits were made a part of the
record of this case.
The incomplete state of the record makes it impossible for me to review
the ALJ's findings and conclusions. Accordingly, I remand the case to the ALJ in order that he
complete the record by including therein all missing exhibits and by properly identifying all
exhibits. Exhibits which were rejected or used solely for identification purposes should also be
included in the record and should be identified as having been rejected or introduced only for
purposes of identification. The record must be completed within thirty days of the issuance of
this Order. Upon completion of the record, this case should promptly be transmitted to me for
review.
On November 19, 1985, Respondent in this case filed with me
exceptions, with accompanying brief, to Judge Kerr's decision. on November 25, 1985,
Complainant filed his objections to Judge's Kerr's decision. on December 17, 1985, Daniel J.
Mick, Counsel for Regional Trial Litigation for the Regional Solicitor's Office of the U.S.
Department of Labor, requested that I enter his appearance in this case and that, if I accept
Respondent's exceptions and brief, I permit the Regional Solicitor's Office to file a responding
brief. I have entered Mr. Mick's appearance in this case. Furthermore, I accept Respondent's
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exceptions and brief and Complainant's objections, and I grant the motion of Counsel for the
Regional Solicitor to file a responding brief. Upon receipt of the completed record, I will
promptly establish a schedule for briefing on Judge Kerr's Recommended Decision and Order of
October 30, 1985 and his Proposed Order Granting In Part and Denying in Part Regional
Administrator's Motion For Reconsideration, issued November 21, 1985.
