OSHRC Docket No. 14076

Occupational Safety and Health Review Commission

September 23, 1976


Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.  


William S. Kloepfer, Assoc. Regional Solicitor

John P. Kellackey, P. E. Chopko Construction Co., for the employer




In this case, Chief Judge Charles K. Chaplin affirmed the citation and notification of proposed penalty because of Respondent's failure to answer the complaint, and to respond to the Judge's Order to Show Cause why its notice of contest should not be dismissed for failure to file an answer.   Subsequent to the Judge's order, Respondent requested that its notice of contest be deemed its answer.   Review was thereupon directed on the issue of whether the Commission should accept the late-filed answer.   The direction for review also ordered Respondent to state why it had not timely filed an answer or responded to the Order to Show Cause.

Respondent has not replied to the direction for review.   While we attempt to afford parties every indulgence in order to provide them with their day in court, we cannot do so where a party continually ignores time limits of which it has actual knowledge, and, upon being requested to do so, offers no reason for not meeting those limits.   Accordingly,   [*2]   the Judge's decision is affirmed.