“SECRETARY OF LABOR,Complainant,v.COVINGTON ROOFING & SHEETMETAL COMPANY,Respondent.OSHRC Docket No. 89-0711_ORDER_The Occupational Safety and Health Review Commission has received theparties’ Agreed Notice to Vacate in the captioned action. The case isbefore the Commission pursuant to a Direction for Review by ChairmanEdwin G. Foulke, Jr. on May 4, 1990.The Commission construes the parties’ Agreed Notice to Vacate as a JointMotion to Vacate Citation. The Commission grants the parties’ motion,sets aside the Judge’s order of March 30, 1990, and vacates the citationand notification of proposed penalty.Edwin G. Foulke, Jr.ChairmanVelma MontoyaCommissionerDonald G. WisemanCommissionerDated: _June 28, 1990_————————————————————————ELIZABETH DOLE,Secretary of Labor,United States Departmentof Labor,Complainant,v.COVINGTON ROOFING AND SHEETMETAL COMPANY AND ITS SUCCESSORS,Respondent.OSHRC Docket No. 89-0711_AGREED NOTICE TO VACATE_Come now complainant and respondent, pursuant to 29 CFR ? 2200.102, andhereby vacate Citation Number 01, Item Number 1 issued to respondent onFebruary 2, 1989 and the complaint.Attached please see a certificate of posting which indicates thatrespondent has posted the Notice to Vacate in accordance with theprovisions of 29 CFR ? 2200.7.Complainant and respondent hereby agree to bear their own fees and otherexpenses incurred by such party in connection with any stage of thisproceeding.ROBERT P. DAVISSolicitor of LaborJAMES E. WHITERegional SolicitorCOVINGTON ROOFING ANDSHEET METAL COMPANYJACK F. OSTRANDERCounsel for Safety and HealthBy:WILLIAM CLAY BRAZILAttorneyBrazil, Clawson & AdlongV. DENISE DUCKWORTHAttorneyU. S. Department of LaborOffice of the SolicitorAttorney for Respondent.OSHA Inspector No. 106577141RSOL Case No. 89-00532Attorneys for Complainant.————————————————————————SECRETARY OF LABOR,Complainant,v.COVINGTON ROOFING & SHEETMETAL COMPANY,Respondent.OSHRC DOCKET NO. 89-0711_ORDER _BOTKIN, Judge:Respondent has failed to file an answer to the Secretary’s complaintfiled on May 18, 1989. As a result, an order [[1]] was issued by theundersigned on February 20, 1990, requiring that on or before March 2,1990, the Respondent shall file an answer or show cause why its noticeof contest should not be dismissed for abandonment thereof.Respondent has failed to respond to my order dated February 20, 1990. Asa consequence thereof, Respondent’s notice of contest dated February 16,1989, is VACATED. Item 1 of serious citation no. 1 issued on February 2,1989, alleging a violation of a specified standard, is AFFIRMED. A civilpenalty, as proposed, is ASSESSED.This proceeding is TERMINATED.E. CARTER BOTKINAdministrative Law JudgeDate: March 30, 1990————————————————————————SECRETARY OF LABOR,Complainant,v.COVINGTON ROOFING & SHEETMETAL COMPANY,Respondent.OSHRC DOCKET NO. 89-0711ORDERThe Complainant filed a complaint in this case on May 18, 1989.Respondent has failed to file an answer to the complaint as required byCommission Rules 34(d) and 36. Copies of both Rules are attached. A copyof \”A Guide to Procedures of the United States Occupational Safety andHealth Review Commission\” is also attached.Respondent is ordered to file an answer by mailing it to me on or beforeMarch 2, 1990, or to show cause (by that date) why it should not bedeclared to be in default and its notice of contest should not bedismissed for abandonment thereof. Otherwise, I will enter a final orderdismissing Respondent’s notice of contest and affirming the citation(s)issued by OSHA against it.E. CARTER BOTKINAdministrative Law JudgeDate: February 20, 1990EXHIBIT \”A\”————————————————————————FOOTNOTES:[[1]] A copy of that order is attached hereto, marked as EXHIBIT \”A\”,and incorporated herein by reference.”