Date Issued: January 30, 1991
Case No: 90-CAA-2

In the Matter of

BRUCE A. TULLEY,
    Complainant,

    v.

LAW ENGINEERING, INC.,
    Respondent.

    This proceeding arises under the Clean Air Act [42 U.S.C. § 7622] and the regulations promulgated at 29 C.F.R. Part 24. The case is scheduled for hearing on February 11, 1991 at Phoenix, Arizona.

    Complainant on January 14, 1991 filed a withdrawal of his request for hearing through his attorney, Bruce E. Meyerson. Counsel explains by letter dated January 22, 1991 that his client also is requesting to withdraw his complaint and a dismissal of this case. Although no reason is given for the requested dismissal, counsel states that there has been no settlement of his client's dispute with Law Engineering, Inc.

    Neither the Clean Air Act nor the regulations promulgated at 29 C.F.R. Part 24 prohibit the withdrawal of a complaint prior to a formal hearing on the merits. There is no evidence in the record that the withdrawal of the complaint would be against the interest of the public and it appears that the granting of the request would be in the best interest of the complainant. Therefore, IT IS HEREBY RECOMMENDED to the Secretary of Labor that the request of Bruce A. Tulley to withdraw his claim be granted and that this claim be dismissed with prejudice. 29 C.F.R. § 24.6(a); see Bidwell v. Pulman Power Products Corp./Georgia Power Co., Case No. 86-ERA-11, Secy. Decision and Order of Dismissal (March 22, 1989). IT IS HEREBY ORDERED that the hearing scheduled for February 11, 1991 is continued generally pending the resolution of this matter by the Secretary of Labor.

       DONALD W. MOSSER
       ADMINISTRATIVE LAW JUDGE