Blake v. Mast Drug Co., Inc., ARB No. 13-020, ALJ No. 2012-ACA-2 (ARB Dec. 17, 2012)

U.S. Department of Labor

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

ARB CASE NO. 13-020
ALJ CASE NO. 2012-ACA-002
DATE: December 17, 2012

In the Matter of:

RORY BLAKE,

       COMPLAINANT,

   v.

MAST DRUG COMPANY, INC.,

       Respondent.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER OF CASE CLOSING

   On October 5, 2012, a Department of Labor Administrative Law Judge (ALJ) issued a Decision and Order Dismissing Complaint (D. & O) in this case arising under the employee protection provisions of the Affordable Care Act (ACA).¹ Because the Department of Labor has not yet enacted regulations governing the procedures to be followed to obtain Administrative Review Board review of recommended ACA decision and orders, the ALJ referred the case to the Board for possible review.

   To determine whether either of the parties wanted the Board to review the ALJ's D. & O., we issued an order informing the parties that if either party wished the Board to review the D. & O., the party shall file a petition for review with the Board no later than ten (10) business days from the date of the order. The Board also informed the parties that if the Board did not receive any petitions for review within the ten (10) business-day period, the Board would issue an order closing the case, and the ALJ's D. & O. would become the Secretary of Labor's final order.

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   Neither party filed a petition for review with the Board. Accordingly, we CLOSE this case, and the ALJ's D. & O. is the final order for the Department of Labor in this case.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

Note: Questions regarding any case pending before the Board should be directed to the Board's Paralegal Specialists:
   Telephone: (202) 693-6200
   Facsimile: (202) 693-6220

[ENDNOTES]

¹ 29 U.S.C.A. § 218c (Thomson/Reuters Supp. 2012).