Messina v. HCA, Inc., ARB No. 08-136, ALJ No. 2008-SOX-18 (ARB Oct. 20, 2008)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 08-136
ALJ CASE NO. 2008-SOX-018
DATE: October 20, 2008

In the Matter of:

JOSEPH MESSINA,

       COMPLAINANT,

    v.

HCA INC., COASTAL INPATIENT
PHYSICIANS, HCA PHYSICIAN SERVICES,
ANGELA BRADY, AND DR. JAIRY HUNTER,

       RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Respondent:
    Alissa DeCarlo, Barnwell, Whaley Patterson & Helms, LLC, Charleston, South Carolina

FINAL ORDER DISMISSING APPEAL

    On August 22, 2008, a United States Department of Labor Administrative Law Judge issued a recommended Order and Summary Decision Dismissing Complainant's Complaint (R. O.) in a case arising under the whistleblower protection provisions of Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VII of the Sarbanes-Oxley Act (SOX).¹ The Respondents filed a timely protective petition with

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the Administrative Review Board seeking review of the recommended decision. The Secretary of Labor has delegated to the Board her authority to issue final agency decisions under SOX.²

    The Complainant, Joseph Messina, did not file a petition for review challenging the R. O. Consequently, the Respondents have filed a letter requesting that they be permitted to withdraw their petition for review. We GRANT their request and DISMISS their appeal.

   SO ORDERED.

            M. CYNTHIA DOUGLASS
            Chief Administrative Appeals Judge

            OLIVER M. TRANSUE
            Administrative Appeals Judge

[ENDNOTES]

¹ 18 U.S.C.A. § 1514(A)(West 2007). SOX's section 806 prohibits certain covered employers from discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against employees who provide information to a covered employer or a Federal agency or Congress regarding conduct that the employee reasonably believes constitutes a violation of 18 U.S.C.A. §§ 1341 (mail fraud), 1343 (wire, radio, TV fraud), 1344 (bank fraud), or 1348 (securities fraud), or any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. Employees are also protected against discrimination when they have filed, testified in, participated in, or otherwise assisted in a proceeding filed or about to be filed relating to a violation of the aforesaid fraud statutes, SEC rules, or federal law.

² Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002); 29 C.F.R. § 1980.110(a).