“SECRETARY OF LABOR,Complainant,v.Brand Scaffold Services, Inc., Respondent.OSHRC Docket No. 88-2768ORDERThe Commission construes the Respondent’s letter as a motion to withdrawthe Respondent’s Petition for Discretionary Review and to vacate theDirection for Review and grants the motion. Accordingly, AdministrativeLaw Judge Sparks’ decision dismissing the Respondent’s Notice of Contestand affirming the serious citation becomes the final order of theCommission.FOR THE COMMISSIONRay H. Darling, Jr.Executive Secretary Dated: March 16, 1989————————————————————————SECRETARY OF LABOR,Complainant,v.BRAND SCAFFOLD SERVICES, INC.,Respondent.OSHRC Docket No. 88-2768ORDER DISMISSINGNOTICE OF CONTESTOn December 12, 1988, complainant served upon Ron Fowler, President,Brand Scaffold Services, Inc., a motion to dismiss the employer’s noticeof contest on the ground that it was not timely filed.In an affidavit, Arnis Andersons, Area Director, Toledo Area Office,Occupational Safety and Health Administration, stated that the citationwas issued June 1, 1988. A return receipt for certified mail reflectsthat the citation was received June 6, 1988. A notice of contest datedSeptember 27, 1988, was received September 29, 1988. No notice ofcontest was received within 15 working days.No response to the motion to dismiss has been received from BrandScaffold Services, Inc.Section 10(a) of the Act provides that if no notice of contest isreceived within 15 working days, the citation becomes a final order. Itstates as follows:If, within fifteen working days from the receipt of the notice issued bythe Secretary the employer fails to notify the Secretary that he intendsto contest the citation or proposed assessment of penalty, and no noticeis filed by any employee or representative of employees under subsection(c) within such time, the citation and the assessment, as proposed,shall be deemed a final order of the Commission and not subject toreview by any court or agency.See the decisions of the Review Commission in Louisiana-PacificCorporation, __ OSAHRC __, __ BNA OSHC __, __ CCH OSHD (P) ____ (DocketNo. 86-1266, January 27, 1989); Roy Kay, Inc., __ OSAHRC __, __ BNA OSHC__, __ CCH OSHD (P) __ (Docket No. 88-1748, January 27, 1989).Accordingly, it is ORDERED:1. Respondent’s notice of contest is dismissed.2. The citation is affirmed.Dated this 3rd day of February, 1989. JOE D. SPARKSJudge”