The petitioners, Mario P. Loureiro and L&R Concrete Corporation, appealed citation No. WHO80101 issued to them by respondent Office of the Attorney General's Fair Labor Division (formerly the Fair Labor and Business Practices Division) on June 4, 2008 for failure to make timely payment of wages to a former employee (Patrick Hynes) for the period between February 24, 2008 and March 14, 2008, in violation of M.G.L. c. 149, § 148. The citation ordered the petitioners to pay $2,550.00 in restitution and a civil penalty of $650.00, for a total of $3,200.00.
Both parties attended a prehearing conference in this matter before me on July 17, 2008 and agreed upon the hearing date and time-10:30 a.m. on September 24, 2008. I confirmed the hearing date and time by written notice that I issued to the parties immediately following the conference.
The Fair Labor Division appeared for the scheduled hearing with its witnesses, but the petitioners failed to appear, and no representative appeared on their behalf. Accordingly, on September 24, 2008 I ordered the petitioners to show cause why this appeal should not be dismissed and the appealed citation made final based upon their failure to appear at the hearing. The order to show cause stated that failure to respond to it, or to show good cause as it required, "will result in the dismissal of this appeal and the finalization of the appealed citation without further notice."
The petitioners filed no response to the order to show cause, and the deadline recited in the order for doing so has passed. Accordingly, this appeal is dismissed for lack of prosecution, pursuant to 801 CMR 1.01(7)(g)2, and the appealed citation, No. WHO80101, is hereby affirmed.
DIVISION OF ADMINISTRATIVE LAW APPEALS
Mark L. Silverstein
Dated: May 26, 2009