COMMONWEALTH OF MASSACHUSETTS


DIVISION OF ADMINISTRATIVE LAW APPEALS


Suffolk, ss.

Docket No. LB-08-717



CHRISTOPHER L. COLEMAN and CONTINENTAL FLOORING CO., INC.,

Petitioners

v.

OFFICE OF THE ATTORNEY GENERAL - FAIR LABOR DIVISION,

Respondent


Appearance for the Petitioners:

Gerald F. McMahon, Vice President of Operations, Continental Flooring Co., Inc.,

9319 No. 94th Way, Suite 1000, Scottsdale, AZ 85258

Appearance for Respondent:

James P. Clark, Esq.,

Assistant Attorney General, Office of the Attorney General-Fair Labor Division, 1350 Main Street, Springfield, MA 01103

Administrative Magistrate:

Mark L. Silverstein, Esq.


Summary of Decision


Appeal challenging civil penalties assessed for failure to pay prevailing wages and submit certified payroll records, in violation of M.G.L. c. 149, §§ 27 and 27B, respectively, is dismissed for mootness following payment pursuant to settlement.

The petitioners appealed a citation issued to them by respondent Office of the Attorney General-Fair Labor Division on October 17, 2008 (Citation No. PR080062), which charged them with (1) an unintentional failure to pay prevailing wages for work performed between August 7 and 10, 2007 at a public school flooring project in Holyoke (unloading flooring delivered by petitioner Continental Flooring Co., Inc. from the back of a truck), in violation of M.G.L. c. 149, § 27, for which violation the petitioners were ordered to pay $824.00 in restitution (which the petitioners had already paid directly to the employees in question) and a $2,500 civil penalty, and (2) an unintentional failure to submit certified payroll records to the awarding authority on a weekly basis for the same project during the same time period, in violation of M.G.L. c. 149, § 27B, for which the petitioners were ordered to pay a $2,500 civil penalty.

I held a prehearing conference on December 22, 2008 at which I established an adjudication schedule requiring, among other things, that the parties report on the status of ongoing settlement efforts. The Attorney General-Fair Labor Division reports that "it has received a negotiated payment of $2000 for Citation PR080062 as full settlement of this matter." In view of the reported settlement, these appeals are dismissed as moot, pursuant to 801 CMR 1.01(7)(g)3.

SO ORDERED.

DIVISION OF ADMINISTRATIVE LAW APPEALS

Mark L. Silverstein
Administrative Magistrate


Dated: August 12, 2009