ARROW LOUVER AND DAMPER CORP.

OSHRC Docket No. 77-1871

Occupational Safety and Health Review Commission

October 11, 1977

COUNSEL:

[*1]

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Elliot Kahn, President, Arrow Louver & Damper Corp., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

Pursuant to 29 U.S.C. 661(i), the above-captioned case is hereby directed for review. On September 8, 1977, Administrative Law Judge Chaplin dismissed Respondent's Notice of Contest and assessed penalties in the amounts which Complainant had proposed originally because Respondent did not answer the complaint and did not explain its failure to do so in response to an Order to show cause. On September 15, 1977, Respondent forwarded to the judge a request that his Order be reviewed. In its request, Respondent has stated that it continues to contest the amounts of the penalties, and has set forth allegations of fact which, if established, can be considered toward reducing the amounts. Accordingly, the request for review can be construed as an answer to the complaint. Therefore the order of the judge is hereby vacated and the matter is remanded for further proceedings.