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 Review pursuant to Commission Rule 73, 29 C.F.R. § 2200.73. Respondent requests the Commission to review and set aside an order issued by Administrative Law Judge Irving Sommer on July 22, 1991. The order waived the requirements of Commission Rule 35 and permitted the Secretary to file a complaint pursuant to the Rules of Procedure in effect prior to December 8, 1986.

Having considered the matter presented, the Commission grants Respondent's Petition for Interlocutory Review. The Commission orders the Secretary's complaint to be stricken from the record and orders the Secretary to file a new complaint, which complies with the present Commission Rule 35, with Judge Sommer within 30 days of the date of this order.[[1]]

Edwin G. Foulke, Jr.
Chairman

Donald G. Wiseman
Commissioner

Dated: August 21, 1991

SECRETARY OF LABOR

Complainant

v.

PAN AMERICAN TANNING CORPORATION

Respondent

Docket No. 90-3207

ORDER

Motion by the Secretary for Reconsideration of the June 26, 1991, ORDER directing filing of a Complaint in compliance with current Rule 35 of the 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 of Procedure in effect prior to December 8, 1986, is accepted.

The Respondent is directed to file an answer to the Complaint within 30 days of the receipt of this ORDER.

IRVING SOMMER
JUDGE OSHRC

DATED: JULY 22 1991
WASHINGTON, D.C.

FOOTNOTES:

[[1]] Commissioner Montoya dissents. She would deny the Respondent's Petition for Interlocutory Review and accept the complaint that has already been filed.