United States v. Prestige Landscapes

1 OCAHO 16 OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER ADMINISTRATIVE REVIEW AND FINAL AGENCY ACTION OF ADMINISTRATIVE LAW JUDGE'S DECISION AND ORDER AGENCY ACTION No. 10 United States of America, Complainant v. Prestige Landscapes, Respondent; 8 U.S.C. 1324a Proceeding; Case No. 88100017. Modification by the Chief Administrative Hearing Officer of the Administrative Law Judge's Decision and Order On June 7, 1988, the Administrative Law Judge assigned to this case issued an Order regarding the above-styled proceeding, entitled ``Decision and Order''. The Administrative Law Judge's Decision and Order was based on a consent agreement between the parties. Pursuant to Title 8, United States Code, Section 1324a(e)(6) Section 68.52 of the Interim Final Rules of Practice and Procedure for this Office, appearing at 52 Fed. Reg. 44972-85 (1987) [hereinafter the Rules] (to be codified at 28 C.F.R. Part 68), the Chief Administrative Hearing Officer, upon review of the Administrative Law Judge's Order, and in accordance with Section 68.52 of the Rules, modifies the Order as follows: Covenants 1, 4, 7, 12 and 17 of the Settlement Agreement, which the Administrative Law Judge incorporated and made a part of the order, are amended to read: 1.

That the Respondent will pay the total sum of Six Hundred Dollars ($600.00) in full settlement and satisfaction of any and all claims set forth in Exhibit A of the Complaint; 4. That in a compromise settlement of Allegations in the Complaint, the Respondent agrees to pay One Hundred and Fifty Dollars ($150.00) for each of the four individuals' names in the Complaint, a total of Six Hundred Dollars ($600.00) cash or cashier's check upon execution of this Agreement and approval by the Administrative Law Judge provided that the Chief Administrative Hearing Officer does not vacate or modify the Administrative Law Judge's order pursuant to Section 68.52 of the Interim Final Rules of Practice and Procedure for the Office of the Chief Administrative Hearing Officer, appearing at 52 Fed. Reg. 44972-85 (1987) [hereinafter the Rules] (to be codified at 28 C.F.R. Part 68); 12. That the Immigration and Naturalization Service releases and discharges the Respondent, parent corporations, subsidiaries, associated and affiliated entities, their officers, directors, representatives, employees, agents, successors, and 50 1 OCAHO 16 assigns (hereinafter the ``companies'' and ``person'') from any further penalties under Section 274A of the Act for the violation as set forth in Exhibit A of the Complaint, except for those penalties listed hereinafter, and this Agreement shall constitute a complete release from the bar to any and all causes of action, claims, rights, liens or subrogated interests, by reason of or arising from, the violations as set forth in Exhibit A of the Complaint, except for those penalties listed hereinafter. Specifically excepted from the effect of this paragraph are penalties listed in Section(s) 274A(e)(5); and 17.

That this Agreement is effective on the date this Agreement is executed by the Parties and approved by the Administrative Law Judge provided that the Chief Administrative Hearing Officer does not vacate or modify the Administrative Law Judge's order pursuant to Section 68.52 of the Rules. This Agency Action by the Chief Administrative Hearing Officer modifies the Administrative Law Judge's Order and incorporates the other provisions of the Administrative Law Judge's Order which have not been amended, revised or deleted. This action is the Final Order and hereby closes the file and disposes of tall proceedings. Date: June 16, 1988.

WILLIAM P. TYSON

Chief Administrative Hearing Officer 51