“Docket No. 83-0371 SECRETARY OF LABOR,Complainant, v.CON-LIN CONSTRUCTION COMPANY,Respondent.OSHRC Docket No. 83-0371REMAND ORDERAdministrative Law Judge Irving Sommer affirmed a citation alleging a serious violation onthe 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 metwith representatives of the Secretary at an informal conference. Respondent disputed theSecretary’s position as expressed at this conference and regards the conference as acontest of the citation. In these circumstances, we set aside the judge’s order andreinstate the notice of contest. See Merritt Electric Co., Inc., 81 OSAHRC 75\/D4, 9BNA OSHC 2088, 1981 CCH OSHD ? 25,556 (No. 77-3772, 1981). Accordingly, we remand thismatter for proceedings on the merits of the alleged violation.SO ORDERED.FOR THE COMMISSIONRay H. Darling, Jr. Executive SecretaryDATED: DEC 5 1983\u00a0The Administrative Law Judge decision in this matter is unavailable in this format. Toobtain a copy of this document, please request one from our Public Information Office Bye-mail ( [email protected] ), telephone(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”