Commission Issues Final Order in Caldwell Tanks, Inc.
Administrative Law Judge Peggy S. Ball issued a Decision and Order in this case affirming the sole citation item at issue, and that decision was directed for review on May 10, 2018. On July 27, 2018, the Secretary notified the Commission by letter of his decision to withdraw the citation item affirmed by the judge. This withdrawal resolves all remaining issues in this case. Cuyohoga Valley Ry. Co. v. United Transp. Union, 474 U.S. 3 (1985) (holding that Secretary’s discretion to withdraw citation is unreviewable). Because the Secretary has withdrawn the citation item in this case, the Commission vacates the Administrative Law Judge’s Decision and Order.