This matter is before the Occupational Safety and Health Review Commission (Commission) on a Late Notice of Contest dated July 15, 2020, from Respondent Elmer Julio Perez Mendez dba Julio Perez (Perez), which was received and docketed by the Commission on July 22, 2020. On August 28, 2020, Complainant, Secretary of Labor, United States Department of Labor (Secretary) filed a Motion to Dismiss Respondent’s Untimely Notice of Contest Pursuant to Rule § 2200.40 of the Commission’s Rules of Procedure and Rule 60(b) of the Federal Rules of Civil Procedure. On September 8, 2020, Perez filed a Response to the Secretary’s Motion to Dismiss. For the reasons set forth herein Perez’s request for relief pursuant to Rule 60(b)(1) is DENIED.