Stephanie Juehring, Complainant

VS.

PROPOSED DECISION AND ORDER

Scott County Civil Service Commission, Respondent.

FINDINGS OF FACT

1. On January 18, 1990, Administrative Law Judge Donald W. Bohlken received a "Motion to Dismiss Contested Case Hearing" from Teresa Baustian, Assistant Attorney General. The motion requested that this contested case proceeding be dismissed because "the Complainant has withdrawn the underlying charge of discrimination." This motion was not joined by the Complainant. Nor was a copy of the withdrawal by the Complainant provided to the Administrative Law Judge.

2. Because the motion to dismiss was not joined by the Complainant, she and all other parties to this case were given an opportunity for a hearing on this motion. See 161 Iowa Admin. Code 4.3(4), (7). By order dated January 18, 1990, any party desiring a hearing on this motion was required to file a written motion requesting a hearing, with a copy to the other parties or their legal counsel, with the Administrative Law Judge on or before January 29, 1990. The parties were informed that if no motion for a hearing was received on or before that date, a proposed decision would be prepared for consideration by the Commission so it may rule on the motion to dismiss based on the present record. No motion for hearing on the motion to dismiss has been received as of January 31,1990.