__________________________________
                                  :
SECRETARY OF LABOR,               :
                                  :
          Complainant,            :
                                  :
          v.                      :   OSHRC DOCKET NO. 01-0428
                                  :
R J CRANE SERVICE, INC.           :
                                  :
          Respondent.             :
__________________________________:

*/DECISION AND REMAND ORDER/*//

Before: ROGERS, Chairman; EISENBREY, Commissioner.

BY THE COMMISSION:

On review before the Commission is an Order Granting Motion to Withdraw
Notice of Contest issued by Administrative Law Judge Nancy J. Spies on
April 17, 2001. Judge Spies issued the Order after receiving a letter in
which Respondent stated that it was withdrawing its Notice of Contest,
and she affirmed Complainant's proposed penalty of $875.00.

Respondent now requests "relief/reimbursement" of the penalty that it
apparently paid, based on its assertion that an attorney representing
the Occupational Safety and Health Administration (OSHA) notified it on
April 18, 2001 that OSHA was withdrawing the citation. Respondent
alleges that in response to its request for reimbursement of the
previously paid penalty, an OSHA official advised it to submit the
request in writing.



We conclude that the evidence in the record is insufficient for the
Commission to determine whether any relief may be warranted.
Accordingly, we remand this case to Judge Spies for further proceedings.

/s/


Thomasina V. Rogers

Chairman





/s/

Ross Eisenbrey

Commissioner

Date: June 19, 2001

------------------------------------------------------------------------
**
*UNITED STATES OF AMERICA*

*OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION*

__________________________________
                                  :
SECRETARY OF LABOR,               :
                                  :
          Complainant,            :
                                  :
          v.                      :   OSHRC DOCKET NO. 01-0428
                                  :
R J CRANE SERVICE, INC.           :
                                  :
          Respondent.             :
__________________________________:

*Order Granting Motion to Withdraw Notice of Contest*

Respondent, by letter dated March 1, 2001, contested a serious citation
issued to it on February 2, 2001.

On August 7, 2000, a notice to withdraw its notice of contest was
received from the respondent. The notice to withdraw having been
considered, it is ORDERED

I. The notice of withdrawal of the contest, which is considered a motion
to withdraw, is granted;

2. The citation and proposed penalty issued to respondent on February 2,
2001, are hereby affirmed and a penalty in the amount of $875.00 is
assessed; and

3. The prehearing telephone conference previously scheduled for May 10,
2001, and the hearing previously scheduled for May 25, 2001, are canceled.

SO ORDERED.

Date:  April 17, 2001				/s/		
					   Judge Nancy J. Spies
       					100 Alabama Street, S.W. Room 2R90
					Atlanta, GA 30303-3104
					Phone (404) 562-1640	Fax (404) 562-1650

This notice has been sent to:

------------------------------------------------------------------------


	
*For the Secretary of* *Labor**		**For the Employer:***

Office of the Solicitor, U.S. DOL		 R&J Crane Service, Inc.

 ATTN: Curtis L.  Gaye, Esq.		Jamie Wiebelt, Secretary/Treasurer

Atlanta Federal Center			P O. Box 1806

 61 Forsyth St., Rm. 7T10			Vero Beach. FL 32961

Atlanta, GA 30303