U.S. Department of Labor Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, NJ 08104
DATE: February 25, 1997
CASE No. 97-TSC-0002
In the Matter of
LISA ENGEL
Complainant
v.
NATIONAL RADIO ASTRONOMY OBSERVATORY
Respondent
ORDER GRANTING COMPLAINANT'S MOTION
TO WITHDRAW REQUEST FOR HEARING
On January 16, 1997 Respondent filed a Motion to
Dismiss the complaint under the Toxic Substances Control Act, 15
U.S.C. §2622, because the complaint was not timely filed. On
February 12, 1997 I issued an Order to Show Cause requiring that
Complainant show cause why the complaint should not be dismissed as
untimely.
On February 18, 1997 Complainant filed a
"Response to Order to Show Cause and Withdrawal of
Appeal." Complainant here concedes that the complaint was not
filed within the requisite 30 days after the alleged violation and
states that she is withdrawing her "appeal" (i.e.,
request for a formal hearing pursuant to 29 C.F.R. Part 24).
Accordingly, Complainant's motion to withdraw
her request for a hearing is GRANTED.
It is ORDERED that the hearing scheduled for
March 10, 1997 is canceled.