DUGGAN & MARCON, INC.  

OSHRC Docket No. 81-2716

Occupational Safety and Health Review Commission

May 13, 1982

COUNSEL:

  [*1]  

Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

Robert A. Handschue, Duggan & Marcon, Inc., for the employer

OPINION:

DIRECTION FOR REVIEW AND REMAND

Pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. §   651-678 ("the Act"), the order of Administrative Law Judge Irving Sommer, dismissing respondent's notice of contest, is hereby directed for review.   For reasons that follow, we vacate the Judge's order.

After Judge Sommer issued his order, the Secretary served the Commission with a copy of correspondence between the Secretary and Respondent regarding a possible settlement of the case.   The Secretary has not, however, submitted a copy of the proposed settlement to the Commission.   In view of the possibility that this case may be settled, and in consideration of the Commission's policy encouraging settlement, we remand the matter to the Judge for such further proceedings as may be appropriate.

SO ORDERED.