Office of Administrative Law Judges 800 K Street, NW, Suite 400-
N Washington, DC 20001-8002
(202) 565-5330 (202) 565-5325
(FAX)
Date: May 1, 2000
Case No.: 1998-DCA-4
In the Matter of:
DEADRAL V. CATERRO,
Petitioner
V.
U. S. DEPARTMENT OF LABOR
Respondent
ORDER OF DISMISSAL
This proceeding arises under Section 5 of the Debt Collection Act of 1982
(Pub. L. 97-365), 5 U.S.C. 5514, and the implementing regulations at 29 C.F.R. §
20.74 etseq.
By letter dated May 30, 1995, the Department of Labor (DOL) notified
Petitioner that a decision had been reached in her overpayment of compensation case. On September
10, 1998, Petitioner was advised that $139.92 would be deducted from her pay every two weeks at the
U.S. Postal Service in order to satisfy her debt from overpayment of compensation. On September
28, 1998, Petitioner filed a request for a hearing and stated that she had documentation to show that
the days and amounts of the salary offset are not correct. DOL referred the matter to this Office on
September 29, 1998.
On October 8, 1998, this Office issued a Notice of Docketing which required
the parties to exchange and submit evidence in support of their position. The caption for the Notice
of Docketing named Deadral V. Caterro as Petitioner and the U.S. Postal Service as Respondent in
this matter. On October 23, 1998, Respondent the U. S. Postal Service filed a Request that the
Department of Labor be Substituted for the U. S. Postal Service as the Named Respondent. On
November 4, 1998, Catherine P. Carter, Esq., filed an entry of appearance on behalf of the
Department of Labor. On November 6, 1998, the parties were granted an extension of time until
December 8, 1998, for responding to the Notice of Docketing.
[Page 2]
On March 29, 1999, this Office issued an Order to Show Cause within twenty
(20) days of the date of this Order why the Department of Labor should not be substituted as
Respondent in this case. As no objections were filed, this Office issued a Notice on June 1, 1999
substituting the Department of Labor as Respondent in this proceeding.
On February 16, 2000, this Office issued an Amended Order to Show Cause
ordering Petitioner to show cause why a default judgement should not be issued. To date, Petitioner
has failed to respond to the Notice of Docketing or the Orders to Show Cause.
Title 29 C.F.R. § 18.39(b) provides "A request for a hearing may
be dismissed upon its abandonment or settlement by the party or parties who filed it."
Accordingly, after reviewing the record and considering Petitioner's failure to
pursue her appeal, I hereby ORDER that Petitioner's request for a hearing in the above-captioned
matter is DISMISSED.
