“Docket No. 88-2768 SECRETARY OF LABOR, Complainant, v. Brand Scaffold Services, Inc., Respondent.OSHRC Docket No. 88-2768ORDERThe Commission construes the Respondent’s letter as a motion towithdraw the Respondent’s Petition for Discretionary Review and to vacate the Directionfor Review and grants the motion. Accordingly, Administrative Law Judge Sparks’ decisiondismissing the Respondent’s Notice of Contest and affirming the serious citation becomesthe final order of the Commission.FOR THE COMMISSIONRay H. Darling, Jr.Executive Secretary \u00a0Dated: March 16, 1989SECRETARY 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 notice ofcontest on the ground that it was not timely filed.In an affidavit, Arnis Andersons, Area Director, Toledo AreaOffice, Occupational Safety and Health Administration, stated that the citation was issuedJune 1, 1988. A return receipt for certified mail reflects that the citation was receivedJune 6, 1988. A notice of contest dated September 27, 1988, was received September 29,1988. No notice of contest was received within 15 working days.No response to the motion to dismiss has been received fromBrand Scaffold Services, Inc.Section 10(a) of the Act provides that if no notice of contestis received within 15 working days, the citation becomes a final order. It states asfollows:If, within fifteen working days from the receipt of the notice issued by the Secretary theemployer fails to notify the Secretary that he intends to contest the citation or proposedassessment of penalty, and no notice is filed by any employee or representative ofemployees under subsection (c) within such time, the citation and the assessment, asproposed, shall be deemed a final order of the Commission and not subject to review by anycourt or agency.See the decisions of the Review Commission in Louisiana-PacificCorporation, __ OSAHRC __, __ BNA OSHC __, __ CCH OSHD (P) ____ (Docket No. 86-1266,January 27, 1989); Roy Kay, Inc., __ OSAHRC __, __ BNA OSHC __, __ CCH OSHD (P) __ (DocketNo. 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.\u00a0JOE D. SPARKSJudge”