STEVEN HATCHER, Complainant

HERB LARSON, Respondent

An administrative law judge for the Equal Rights Division of the Department of Industry, Labor and Human Relations issued an Order of Dismissal in this matter on July 22, 1994 which dismissed the complaint with prejudice based on a written request to withdraw the complaint. A timely petition for review was filed by Steven Hatcher.

It is undisputed that a written request for withdrawal, signed by Steven Hatcher's attorney, was filed with the Equal Rights Division on July 22, 1994. However, the attorney has asserted that the request for withdrawal was signed and filed inadvertently and that Hatcher does not wish to withdraw his complaint.

Based on its review of all of the circumstances here, the commission has concluded that it is most probable that neither Hatcher nor his attorney ever had any intention of withdrawing Hatcher's complaint, and that the signing and filing of the withdrawal was a mistake ab initio. In these circumstances the commission considers that dismissal of the complaint would be inappropriate, and it therefore issues the following:

The July 22, 1994 Order of Dismissal of the administrative law judge is set aside, and this matter is remanded to the Equal Rights Division for further proceedings.

Dated and mailed August 26, 1994
110

/s/ Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ James R. Meier, Commissioner

cc: 
Eva Ritter
George W. Benson

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