in this matter
be conducted in Washington, D.C. because Complainant's new
attorneys' offices are located there. The Respondent opposes this
request, and takes the position that the hearing should take place
within 75 miles of the Complainant's residence near Casa Grande, in
accordance with the governing regulation.
The governing regulation at 29 C.F.R. §
24.5(c) provides that hearings "shall, where possible, be held
at a place within 75 miles of the complainant's residence."
The Complainant's request to conduct any hearing in Washington,
D.C. may make it convenient for his attorneys, but it is clearly
inconvenient for Respondent, Respondent's attorneys, and probable
witnesses. Accordingly, Complainant's request to set the hearing in
Washington, D.C. is denied. A presiding judge will be assigned
forthwith.
At Washington, D.C.
John M. Vittone
Acting Chief Judge
JMV/trs
[ENDNOTES]
1 Whether the
record in this matter will be reopened and whether a formal
hearing on the remand issues is required are matters to be
decided by the judge who is appointed to hear and decide this
case on remand.