SECRETARY OF LABOR, Complainant, v. CON-LIN CONSTRUCTION COMPANY, Respondent. OSHRC Docket No. 83-0371 _REMAND ORDER _ Administrative Law Judge Irving Sommer affirmed a citation alleging a serious violation on the ground that Respondent's notice of contest had been untimely filed. The record, however, indicates that within the time period for contesting a citation Respondent met with representatives of the Secretary at an informal conference. Respondent disputed the Secretary's position as expressed at this conference and regards the conference as a contest of the citation. In these circumstances, we set aside the judge's order and reinstate the notice of contest. See _Merritt Electric Co., Inc_., 81 OSAHRC 75/D4, 9 BNA OSHC 2088, 1981 CCH OSHD ¶ 25,556 (No. 77-3772, 1981). Accordingly, we remand this matter for proceedings on the merits of the alleged violation. SO ORDERED. FOR THE COMMISSION Ray H. Darling, Jr. Executive Secretary DATED: DEC 5 1983 ------------------------------------------------------------------------ The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office By e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).