SECRETARY OF LABOR,
STONE PORTABLE TOILETS,
OSHRC Docket No. 91-2732
Before: FOULKE, Chairman; WISEMAN and MONTOYA, Commissioners.
BY THE COMMISSION:
By Order dated April 14, 1992, Commission Judge Irving Sommer
dismissed Respondent's notice of contest to the citation in this case. His grounds were
Respondent's failure to file an answer to the complaint, and its failure to reply to the
judge's Order to Show Cause why the notice of contest should not be dismissed as a result.
Respondent appears pro se, represented by its owner, Gary
Stone. Mr. Stone has written the Commission, stating "I did file an answer to the
complain as required by the Commission Rules of Procedure. Please check your
records." However, as the judge indicated in his Order to Show Cause, there is no
answer to the complaint in the Commission's file on this case.
The case was directed for review on the issue of whether
Respondent did file an answer. In order to answer that question, we will afford Respondent
an opportunity to provide us with documents showing that It did file an answer.
Specifically, Respondent must file with the Commission's Executive Secretary, within 15
days of the date of the issuance of this Order, a copy of the answer it filed to the
complaint, and a formal affidavit, stating in detail and under oath, when and how that
answer was filed.
Accordingly, the judge's Order dismissing Respondent's notice
of contest, and assessing $1200.00 in penalties, is affirmed unless Respondent files the
two documents described above with the Commission's Executive Secretary, within 15 days of
the date of issuance of this Order. Respondent shall serve on the Secretary's counsel in
this case, by mailing, a copy of the documents that it files with the Executive Secretary.
See Commission Rules 7(a)-(d).
Edwin G. Foulke, Jr.
Donald G. Wiseman
Dated: May 14, 1992