Ezel / Agency Decisions / arb-2019-0021-commission

Bellmeyer v. Loyco Trucking, LLC (agency decision, April 29, 2020)

Bellmeyer v. Loyco Trucking, LLC (DOL ARB 2019-0021): appeal dismissed after no opening brief

Decision type
agency decision
Dockets
ARB 2019-0021, ALJ 2017-STA-00070
Decided
April 29, 2020
Outcome
Procedural
Precedential status
Citable agency precedent
Checked against source
2026-09-05
Official source
Read the official release
PDF
View Official PDF

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This is citable agency precedent from 2020, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2020
The standards may have been amended, penalty amounts have been adjusted, and later agency or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ARB decision
This decision is a final action of the Administrative Review Board under 29 C.F.R. § 26.1(b), which provides that the Board acts as fully and finally as the Secretary of Labor for matters within its authority. The Board dismissed Brian Bellmeyer's appeal.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official agency release. The full text is the agency's own release.
Transcribed from a scanned original: The agency released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release

Plain-English summary

The Administrative Review Board ordered Brian Bellmeyer to explain why his appeal should not be dismissed for failure to file an opening brief. Loyco Trucking and Mark Loy also requested dismissal. Bellmeyer did not respond to either the Board's order or the respondents' request, so the Board dismissed the case.

Decision snapshot

  • Cited authorities: No statute or regulation is cited in the dismissal order.
  • Outcome: The appeal was dismissed for failure to file an opening brief or respond to the order to show cause.
  • Key point: An appellant who does not file the required brief or answer a show-cause order may lose the appeal without a merits decision.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

IN THE MATTER OF:

BRIAN BELLMEYER, ARB CASE NO. 2019-0021

       COMPLAINANT,                          ALJ CASE NO.    2017-STA-00070

 v.                                          DATE:    April 29, 2020

LOYCO TRUCKING, LLC and
MARK LOY, an individual,

       RESPONDENTS.


                     ORDER OF DISMISSAL

   The Administrative Review Board issued an Order to Show Cause allowing

Complainant to show cause why this case should not be dismissed for failing to file an opening brief. Respondent also requested a dismissal of this appeal. No response to the Show Cause Order or Respondent’s request has been filed. Accordingly, this case is DISMISSED.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Aubrey Gordon
General Counsel

Note: Questions regarding any case pending before the Board should be directed to
the Board’s staff. Telephone: (202) 693-6200, Facsimile: (202) 693-6220

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