United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor Washington, DC 20036-3457 SECRETARY OF LABOR,Complainant,OSHRC Docket No. 08-1225v.K.E.R. ENTERPRISES, INC., d/b/a ARMADILLO UNDERGROUNDRespondent. BRIEFING NOTICE The parties are instructed to brief all issues presented in the Complainant’s petition for discretionary review.1 All briefs are to be filed in accordance with Commission Rule 93.2 The first brief is to be filed within 40 days of this notice. A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefore within the applicable time for filing briefs, and shall serve a copy on all other parties. The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service. BY DIRECTION OF THE COMMISSION Dated: January 25, 2010 /s/ Ray H. Darling, Jr. Executive Secretary 08-1225 NOTICE IS GIVEN TO THE FOLLOWING: Jennifer R. Levin, Esq. Office of the Solicitor, U.S. DOL Room S4004 200 Constitution Ave., N.W. Washington, D.C. 20210 Andrew Gross, Esq. H B Training & Consulting 1255 Lakes Parkway, Suite 385 Lawrenceville, GA 30043 1 The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review.  Accordingly, the parties may address the amount of the penalty if they so choose. 2 The Commission requests that all briefs include an alphabetical table of authorities with references to the pages on which they are cited, and that an asterisk be placed in the left-hand margin of the table to indicate those authorities on which the brief principally relies. The Commission also requests that copies of cited authority, other than statutes, case law, law journal articles and legal treatises, be provided to the Commission and to the opposing party. Parties should be cautioned that these materials will be considered only if appropriate. ?? ?? ?? ??