“SECRETARY OF LABOR,Complainant,v.PAN AMERICAN TANNING CORPORATION,Respondent.OSHRC DOCKET NO. 90-3207_ORDER _On July 26, 1991, Respondent filed a Petition for Interlocutory Reviewpursuant to Commission Rule 73, 29 C.F.R. ? 2200.73. Respondent requeststhe Commission to review and set aside an order issued by AdministrativeLaw Judge Irving Sommer on July 22, 1991. The order waived therequirements of Commission Rule 35 and permitted the Secretary to file acomplaint pursuant to the Rules of Procedure in effect prior to December8, 1986.Having considered the matter presented, the Commission grantsRespondent’s Petition for Interlocutory Review. The Commission ordersthe Secretary’s complaint to be stricken from the record and orders theSecretary to file a new complaint, which complies with the presentCommission Rule 35, with Judge Sommer within 30 days of the date of thisorder.[[1]]Edwin G. Foulke, Jr.ChairmanDonald G. WisemanCommissionerDated: August 21, 1991————————————————————————SECRETARY OF LABORComplainantv.PAN AMERICAN TANNING CORPORATIONRespondentDocket No. 90-3207_ORDER_Motion by the Secretary for Reconsideration of the June 26, 1991, ORDERdirecting filing of a Complaint in compliance with current Rule 35 ofthe Commission’s Rule of Procedure is opposed.After due consideration of all filings, the ORDER dated June 26, 1991,is vacated. The Complaint filed May 13, 1991, pursuant to the Rules ofProcedure in effect prior to December 8, 1986, is accepted.The Respondent is directed to file an answer to the Complaint within 30days of the receipt of this ORDER.IRVING SOMMERJUDGE OSHRCDATED: JULY 22 1991WASHINGTON, D.C.————————————————————————FOOTNOTES:[[1]] Commissioner Montoya dissents. She would deny the Respondent’sPetition for Interlocutory Review and accept the complaint that hasalready been filed.”