1 Under section 24.6 of 29 C.F.R.,
the regulation implementing
the Clean Air Act, an ALJ is authorized to issue only a
recommended decision which must be reviewed by the Secretary
before it becomes final.
2 Rule 41(a) (1) (i) provides for
dismissal of an action "by filing a notice of dismissal at any time before service by the
adverse party of an answer or of a motion for summary judgment,
whichever first occurs . . . . Unless otherwise stated in the
notice of dismissal . . .the dismissal is without
prejudice . . . ." Nolder slip op. at 8, held that the filing of
a request for hearing by the employer is the equivalent of an
answer for purposes of Rule 41. Here, Complainant filed the
request for a hearing.