ORDER
The Board of Directors denies the “Request for Stay of Matters Kept Pending Before the Hearing Officer” filed in this matter by the Office of the Architect of the Capitol. Section 406(d) of the Congressional Accountability Act requires that a hearing officer issue a decision “after the conclusion of the hearing.” In this matter, the March 19, 2001 Order of the Hearing Officer required, inter alia, that: “complainant shall file and serve on or before April 9, 2001, a Back Pay and Interest Calculation … ; [o]n or before April 30, 2001, AOC may file and serve objections to the data or calculations … ; [and] [o]n May 21, 2001, beginning at 10 a.m., the Hearing Officer will conduct a hearing at the Office of Compliance in order to determine the correct amount to be included in a June 15, 2001, order awarding back pay and interest.” Consequently, the “hearing” in this matter remains open.
Because the hearing in this matter has not concluded, the Hearing Officer’s “decision”, as referenced in Section 405(g) of the Act, and Sections 7.16(b) and 8.01(a) of the Procedural Rules, has not been “entered into the records of the Office … ,” and the pending “Petition for Review” in this matter is premature. Therefore, the Board also dismisses without prejudice the “Petition for Review” of April 17, 2001 filed in this matter by the Office of the Architect of the Capitol.
Issued, Washington, DC, May 22, 2001.
For the Board of Directors,
Susan S. Robfogel, Chair
CERTIFICATE OF SERVICE
I hereby certify that copies of the Order were mailed by facsimile and first class mail by me this 22nd day of May 2001.
David Kelly, Esquire
Beins, Axelrod & Kraft, P.C.
1717 Massachusetts Avenue, NW
Suite 704
Washington, DC 20036-2001
Kevin Mulshine, Esquire
Chief Employment Counsel
Office of the Architect of the Capitol
Ford House Office Building, Rm H2-202
Second & D Streets, SW
Washington, DC 20515
Curtis Emery von Kann
Hearing Officer
J.A.M.S
1101 17th Street, NW, Suite 808
Washington, DC 20036
Shean Kelly
Hearing Clerk
Office of Compliance
