U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street - Suite 900
Cincinnati, Ohio 45202
DATE ISSUED: October 16, 1997
CASE NUMBER: 97-EPP-1
IN THE MATTER OF:
CLINTON C. ADKINS, d/b/a
FOREST VIEW APARTMENTS, (formally
Garden Lane Apartments),
Respondent.
DECISION AND ORDER
This proceeding is before me, pursuant to Section 6(a) of the Employee
Polygraph Protection Act, 29 U.S.C. § 2001 et seq. (hereinafter the Act) and in
accordance with the regulations promulgated thereunder, 29 C.F.R. Part 801, for hearing and
final determination of the issues timely raised by respondent's exception to the Notice of Civil
Money Penalty assessed against him by the authorized representative of the Secretary of Labor.
Said penalties, totaling $47,500.00, were assessed following an investigation and inspection of
the respondent's place of business by the Wage-Hour Division, Employment Standards
Administration, U.S. Department of Labor, which investigation and inspection disclosed the use
of polygraph examinations in violation of Sections 3 and 8 of the Act and the regulations issued
thereunder.
By agreement of the parties, consent findings have been entered into and
set forth in a document entitled "Consent Findings" fully executed by the parties, a
copy of which is attached and made a part of this decision.
Upon further consideration of the violations listed in the Notice of Civil
Money Penalty sent to respondent regarding the use of lie detector tests contrary to the Act, the
Deputy Regional Administrator has modified the assessments in that notice totaling $47,500.00
by reducing the assessments to a total of $7,500.00. Respondent has withdrawn his exception to
the assessment of the civil money penalties, without admitting liability; has tendered to plaintiff
payment of the civil money penalties in the total amount of $7,500; has agreed that the entire
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record upon which any final order may be based shall, pursuant to 29 C.F.R. § 18.9(b)(2),
consist of the Notice of Penalty, as modified by the agreement of the parties in their
"Conset Findings;" and has waived all further procedural rights provided in 29
C.F.R. § 18.9(b)(3) and (4).
Wherefore, upon consideration of the record in its entirety, I hereby find
the assessment of the penalty contained in the "Consent Findings" is the Final Order
of the Secretary of Labor.
