S,Yixglixe I~C

Text (OCR of the scan; may contain errors)

S,YIXGLIXE I~C.

Docket S759. Order, May 24~ 1968 Order deny-ing respondent's request that proceeding lie,yithcll'awn fl' om adjuclication.

TO,Y ITHDRA PnOCEEDIXG Fno::\r ORDER DEXYI~G Request \..DJul)IC A TION This matter is before the Commission upon the hearing examiner' certification of:?\Iay 10, 1968, of respolldenfs request to certify a, motion to withc1ra \, the proceeding from acljuclicfttion. The hearing examiner recommends that the motion be denied. Although S 2.34 (d) of the Rules of Practice and Procedure provides that the consent order procedure is not available after complaint has issued, it also plo,-icles that the Commission, upon request, may in exceptional and unusual circumstances and for good cause S110\\11 "ithdraw a proceeding from adjudication in order to negotiate a consent order.

In its motion respondent states that since the issuance of the complaint it has obtained new counsel and it now desires the opportunity to negotiate a consent order. In addition, respondent claims that changeel circumstances IV'warrant withdrawal of the matter from adjudication. l1esponc1ent hils not met the excepbOlwl and 11l1l1usual cil'cumsbnces requirement nol' shown good cause which IV'ould warrant withdrawal of the proceeding from adjudication. It should be noted that prior the issuance of the complaint an attempt was made to settle the matter as a L.-Q:general bv entry of a consent order to cease and desist. ~loreover rule the Commission IV'illnot enterta, in a request to withdraw a proa con-ceeding from adjudication unless it is accompanied by at least crete proposal of settlement by respondent. In the instant proceeding, respondent has done no more thnn express a desire to dispose of the matter through negotiation of a consent order \Iithout even submitting to the Commission, for its c(Jl1siderntion, a proposed order to cease and desist.

For these reasons IV'e agree with the hearing examiner that the requirements of S 2. 34 (cl) for,yithc1ra,yal of the proceeding from adjudication hit \'e not been met. . ccorclingly j It is O1Yle' That the reriuest to withdraw the proceeding from adjll(licatioll he:., and it hereby is, denied.