DECISION

 

 

SECRETARY OF LABOR,

	

 

Complainant,

	

 

v.

	


    OSHRC Docket No. 06-1502

QUALITY BORING CO.

	

 

Respondent.

	

 

 

APPEARANCES:

William Everhart, Regional Solicitor; Amy Sanders Hairston, Attorney;
U.S. Department of Labor, Dallas, TX

For the Complainant

Tilden Barnes, North Little Rock, AR

For the Respondent

 

*REMAND ORDER*

In an order dated December 11, 2006, Chief Administrative Law Judge
Irving Sommer dismissed Quality Boring’s notice of contest for its
failure to file an answer to the Secretary’s complaint or respond to the
judge’s subsequent Order to Show Cause.  The Order to Show Cause had
been marked unclaimed and returned by the Postal Service on November 25,
2006.  In his order, the judge also affirmed the citations and proposed
penalties totaling $7,050. 

On January 10, 2007, the Commission’s Executive Secretary received a fax
from Quality Boring signed by Tilden Barnes, Manager.  The fax included
a letter in which Mr. Barnes explained some of the circumstances of the
case as well as a copy of Respondent’s notice of contest and its
response to a settlement proposal from the Secretary. 

Based on Mr. Barnes’s fax, which indicates that Quality Boring has not
abandoned the case, and the unclaimed Order to Show Cause,  we believe
that Quality Boring should be afforded an opportunity to explain whether
it had a ”sufficient” reason under Commission Rule of Procedure 101(b),
29 C.F.R. § 2200.101(b) for its failure to file its answer.

Accordingly, we set aside the judge’s dismissal and remand this case to
him for further proceedings.

 

SO ORDERED.

 

/s/__________________________

W. Scott Railton

Chairman

 

 

 

/s/___________________________

Thomasina V. Rogers

Commissioner                                                

 

 

 

/s/___________________________

                                                            Horace A.
Thompson

                                                            Commissioner

 

Date:  January 16, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Secretary of Labor,

	

 

 

 

                  Complainant,

	

 

 

 

                  V.

	

 

OSHRC DOCKET NO. 06-1502

 

QUALITY BORING CO.,

	

 

 

 

                  Respondent.

	

 

 

 

 

 

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*ORDER*

* *

On *11/6/06 *the undersigned issued an *ORDER TO SHOW CAUSE *to the
Respondent as to why his Notice of Contest should not be dismissed for
failure to file an answer to the complaint as required by the Commission
Rules of Procedure. The Respondent failed to reply to the ORDER. His
actions demonstrate either that he has abandoned the case or treats the
Rules of Procedure of the Commission with disdain. This cannot be
countenanced as it seriously impedes the administration of justice.

 

Accordingly, the Notice of Contest filed by the Respondent is dismissed.
The Secretary’s citation(s) and proposed penalties are AFFIRMED in all
respects.

 

 

/s/

IRVINGSOMMER

Chief Judge

 

 

DATE: December 11, 2006

Washington, D.C.