UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ______________________________________ SECRETARY OF LABOR, : Complainant, : v. : : OSHRC DOCKET NO. 01-0399 : : RENCOR, INC., : : Respondent. : ______________________________________: Appearance: Vivien Ranada, Esq., For the Secretary No Appearance by Respondent BEFORE: Chief Judge Irving Sommer *DECISION AND ORDER* On April 6, 2001 the Secretary moved to dismiss the Respondent's notice of contest as untimely. A hearing was scheduled on the motion for July 26, 2001 in New York, N.Y. The Secretary appeared with her witnesses ready for trial. The Respondent was not present when the case was called. The motion by the Secretary for a default was granted. The serious citation in amount of $3600 issued on December 4, 2000 is AFFIRMED. /s/ IRVING SOMMER Chief Judge DATED: 9 AUG 2001 Washington, D.C.