Lutz v. New Cumberland Hospitality, Inc. (agency decision, February 10, 2022)

Plain-English summary

An ALJ denied James Lutz's claim under the Sarbanes-Oxley Act's employee-protection provisions. Lutz petitioned the Board for review, then filed a written motion to withdraw that petition. The Board granted the withdrawal and dismissed the appeal. The order did not review the merits of the ALJ's denial, and the cited SOX regulation makes the ALJ decision the Secretary's final order when no other petition remains.

Decision snapshot

• Cited authorities: 18 U.S.C. § 1514A; 29 C.F.R. § 1980.111(c)
• Outcome: Petition withdrawal approved and appeal dismissed.
• Key point: Withdrawing the only pending Board petition leaves the ALJ decision as the Secretary's final order.

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:

JAMES LUTZ, ARB CASE NO. 2022-0021

           COMPLAINANT,                       ALJ CASE NO. 2018-SOX-00016

     v.                                       DATE: February 10, 2022

NEW CUMBERLAND HOSPITALITY,
INC., et al,

           RESPONDENT.

Appearances:

For the Complainant:
John T. Harrington, Esq.; The Employment Law Group, PC;
Washington, District of Columbia

For the Respondent New Cumberland Hospitality, Inc:
Joshua L. Schwartz, Esq.; Barley Snyder; Lancaster, Pennsylvania

For the Respondent The JDK Group, Inc., Metalaye Enterprises, Inc., and Jennifer Delaye:
Lindsey E. Snavely, Esq., Pillar Aught, LLC, Harrisburg,
Pennsylvania

For the Respondent Choice Hotels, Inc:
Stewart S. Manela, Esq., Choice Hotel, Inc., Washington, District of
Columbia

Before: James D. McGinley, Chief Administrative Appeals Judge and Thomas H. Burrell, Administrative Appeals Judge
2

     ORDER APPROVING WITHDRAWAL OF COMPLAINANT’S
       PETITION FOR REVIEW AND DISMISSING APPEAL

  PER CURIAM. On December 29, 2021, a Department of Labor Administrative

Law Judge (ALJ) issued a Decision and Order Denying Relief in this case arising under the employee protection provisions of the Sarbanes-Oxley Act of 2002 (SOX).1 On January 11, 2022, Complainant filed a Petition for Review of the ALJ’s ruling with the Administrative Review Board (Board).

   On February 8, 2022, the Board received Complainant’s Motion to Withdraw

Petition for Review. Pursuant to the SOX regulations, “a party may withdraw its petition for review of an ALJ’s decision at any time before that decision becomes final by filing a written withdrawal with the ARB.”2 Accordingly, we GRANT Complainant’s request to withdraw the Petition for Review and DISMISS the appeal.

SO ORDERED.

1 18 U.S.C. § 1514A, and its implementing regulations, 29 C.F.R. Part 1980. 2 29 C.F.R. §1980.111(c). This provision further states that “[i]f the ARB approves a request to withdraw a petition for review of an ALJ decision, and there are no other pending petitions for review of that decision, the ALJ’s decision will become the final order of the Secretary.”