STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

JAMES E. MIDDLEBROOK, Complainant

SUPER 8 MOTEL, Respondent A

FRED G BLANCHARD, Respondent B

PUBLIC ACCOMMODATION DECISION
ERD Case No. 199702912

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed: July 16, 1998
brookja.rsd : 125 :

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The administrative law judge dismissed James Middlebrook's complaint of discrimination due to his failure to appear for the scheduled June 12, 1998 hearing on his complaint. Apparently as reason for his failure to appear for the hearing, Mr. Middlebrook asserts that "he believed" the administrative law judge was to have rescheduled the June 12 hearing since the judge had requested he provide the judge a settlement agreement which would then be submitted to the respondents.

While a hearing may be reopened where a party who failed to appear has shown good cause for the failure to appear, Mr. Middlebrook has not shown good cause for his failure to appear for the hearing on June 12, 1998. Mr. Middlebrook does not assert that he was told by the administrative law judge that the hearing would be rescheduled, nor was there any basis for him to believe that the hearing would be rescheduled. A simple request for a settlement proposal by the administrative law judge should not have caused Mr. Middlebrook to conclude that he need not appear for the scheduled hearing.

Since the commission finds that the administrative law judge's dismissal of Mr. Middlebrook's complaint was proper, the merits of his complaint are not subject to review.

cc: Louis R. Lucas

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