DATE:   January 4, 1995  

CASE NO.: 94-CAA-00017

In the Matter of

PHILLIP RITTENHOUSE

          Complainant

     v.

PENNFIELD MANOR APARTMENTS

          Respondent

                   RECOMMENDED ORDER OF DISMISSAL

     This proceeding arises under the employee protection
provisions of the Clean Air Act, 42 U.S.C. §7622 (the Act),
and is governed by the regulations which are found at 29 C.F.R.
Part 24.

     On December 8, 1994, I issued an Order to Show Cause why this
case should not be dismissed for Claimant's failure to attend the
formal hearing held in this matter on December 7, 1994.  A response
to the Order to Show Cause was to be filed by December 23, 1994.
     
     No response having been filed by Claimant, the above-captioned
matter is hereby DISMISSED.



                                                            
                                   ROBERT D. KAPLAN
                                   Administrative Law Judge

  
Camden, New Jersey

NOTICE: This Recommended Decision and Order and the
administrative file in this matter will be forwarded for review by
the Secretary of Labor to the Office of Administrative Appeals,
U.S. Department of Labor, Room S-4309, Frances Perkins Building,
200 Constitution Ave., NW, Washington, DC  20210.  The Office of
Administrative 
[PAGE 2]
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).