Brief Case
DOL Office of Administrative Law Judges

USDOL v. FNW BANCORP, INC.

Docket 1996-RIS-63 · Decided Nov 8, 1996 · Decision & Order
Dismissed

UNITED STATES

DEPARTMENT OF LABOR

Office of Administrative Law Judges

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DOL Home > OALJ > ERISA > USDOL v. FNW Bancorp, Inc., 96-RIS-63 (ALJ Nov. 8, 1996)

USDOL/OALJ Reporter

USDOL v. FNW Bancorp, Inc., 96-RIS-63 (ALJ Nov. 8, 1996)

U.S. Department of Labor

Office of Administrative Law Judges

800 K Street, NW

Washington, DC 20001-8002 Date Issued: November 8, 1996

Case No.: 96-RIS-63

In the Matter of:

UNITED STATES DEPARTMENT OF LABOR,

Pension and Welfare Benefits

Administration,

Complainant

v.

FNW BANCORP, INC.,

Respondent

Before: JOHN M. VITTONE

Chief Administrative Law Judge

DECISION AND ORDER This matter arises under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C § 1100 et seq. and the regulations issued thereunder at 29 C.F.R. §§ 2560 and 2570.

On May 23, 1993, the Pension and Welfare Benefits Administration of the United States Department of Labor (DOL) notified FNW Bancorp, Inc. (Respondent) of a civil money penalty ($13,550) for violations of ERISA. DOL alleged that Respondent failed to timely file its 1993 Form 5500 Annual Report. On June 12, 1996, Respondent filed a Statement of Reasonable Cause with DOL. DOL issued a Notice of Determination on Statement of Reasonable Cause on July 8, 1996. Therein, DOL waived $8,050 of the original civil money penalty. A civil money penalty of $5,500 is pending against Respondent for violating ERISA and its regulations.

Respondent timely requested a hearing before this Office on July 15, 1996. On August 21, 1996, Respondent informed this Office that it wishes to withdraw the request for hearing and that it intends to pay the revised penalty of $3,000 to DOL. Due to the failure of DOL to notify this Office of the revised penalty against Respondent, this Office issued an Order dated September 24, 1996. Therein, DOL was instructed to inform this Office of the status of this matter. On October 23, 1996, DOL filed a Response to Order and Acquiescence to Withdrawal. DOL stated that on July 29, 1996, it had revised the civil penalty to $3,000 and that Respondent has paid the reduced penalty.

The regulations at 29 C.F.R. § 2570.67(a)(1) state that "where no issues of a material of fact is found to have been raised, the administrative law judge may issue a decision which . . . shall become a final order." In light of the foregoing, Respondent's withdrawal of its request for hearing is hereby GRANTED and this matter is hereby DISMISSED.

JOHN M. VITTONE

Chief Administrative Law Judge

Washington, DC

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UNITED STATES

DEPARTMENT OF LABOR

United States Department of Labor

Office of Administrative Law Judges

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Washington, DC 20001

(202) 693-7300

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