SECRETARY OF LABOR,
Complainant.

v.

STONE PORTABLE TOILETS,
Respondent.

OSHRC Docket No. 91-2732

_ORDER_

Before: FOULKE, Chairman; WISEMAN and MONTOYA, Commissioners.

BY THE COMMISSION:

By Order dated April 14, 1992, Commission Judge Irving Sommer dismissed
Respondent's notice of contest to the citation in this case. His grounds
were Respondent's failure to file an answer to the complaint, and its
failure to reply to the judge's Order to Show Cause why the notice of
contest should not be dismissed as a result.

Respondent appears pro se, represented by its owner, Gary Stone. Mr.
Stone has written the Commission, stating "I did file an answer to the
complain as required by the Commission Rules of Procedure. Please check
your records." However, as the judge indicated in his Order to Show
Cause, there is no answer to the complaint in the Commission's file on
this case.

The case was directed for review on the issue of whether Respondent did
file an answer. In order to answer that question, we will afford
Respondent an opportunity to provide us with documents showing that It
did file an answer. Specifically, Respondent must file with the
Commission's Executive Secretary, within 15 days of the date of the
issuance of this Order, a copy of the answer it filed to the complaint,
and a formal affidavit, stating in detail and under oath, when and how
that answer was filed.

Accordingly, the judge's Order dismissing Respondent's notice of
contest, and assessing $1200.00 in penalties, is affirmed unless
Respondent files the two documents described above with the Commission's
Executive Secretary, within 15 days of the date of issuance of this
Order. Respondent shall serve on the Secretary's counsel in this case,
by mailing, a copy of the documents that it files with the Executive
Secretary. See Commission Rules 7(a)-(d).

Edwin G. Foulke, Jr. 
Chairman

Donald G. Wiseman
Commissioner

Velma Montoya 
Commissioner

Dated: May 14, 1992