“Docket No. 89-0711 SECRETARY OF LABOR,Complainant,v.COVINGTON ROOFING & SHEETMETAL COMPANY,Respondent.OSHRC Docket No. 89-0711ORDERThe Occupational Safety and Health Review Commission hasreceived the parties’ Agreed Notice to Vacate in the captioned action. The case is beforethe Commission pursuant to a Direction for Review by Chairman Edwin G. Foulke, Jr. on May4, 1990.The Commission construes the parties’ Agreed Notice to Vacate as a Joint Motion to VacateCitation. The Commission grants the parties’ motion, sets aside the Judge’s order of March30, 1990, and vacates the citation and notification of proposed penalty.Edwin G. Foulke, Jr.ChairmanVelma MontoyaCommissionerDonald G. Wiseman CommissionerDated: June 28, 1990ELIZABETH DOLE,Secretary of Labor,United States Departmentof Labor,Complainant,v.COVINGTON ROOFING AND SHEETMETAL COMPANY AND ITS SUCCESSORS,Respondent.OSHRC Docket No. 89-0711AGREED NOTICE TO VACATECome now complainant and respondent, pursuant to 29 CFR ?2200.102, and hereby vacate Citation Number 01, Item Number 1 issued to respondent onFebruary 2, 1989 and the complaint.Attached please see a certificate of posting which indicatesthat respondent has posted the Notice to Vacate in accordance with the provisions of 29CFR ? 2200.7.Complainant and respondent hereby agree to bear their own feesand other expenses 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 Labor Office 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. 89-0711ORDER BOTKIN, Judge:Respondent has failed to file an answer to the Secretary’scomplaint filed on May 18, 1989. As a result, an order [[1]] was issued by the undersignedon February 20, 1990, requiring that on or before March 2, 1990, the Respondent shall filean answer or show cause why its notice of contest should not be dismissed for abandonmentthereof.Respondent has failed to respond to my order dated February 20,1990. As a consequence thereof, Respondent’s notice of contest dated February 16, 1989, isVACATED. Item 1 of serious citation no. 1 issued on February 2, 1989, alleging a violationof a specified standard, is AFFIRMED. A civil penalty, as proposed, is ASSESSED.This proceeding is TERMINATED.E. CARTER BOTKINAdministrative Law JudgeDate: March 30, 1990SECRETARY OF LABOR,Complainant,v.COVINGTON ROOFING & SHEETMETAL COMPANY,Respondent.OSHRC DOCKET NO. 89-0711ORDER The Complainant filed a complaint in this case on May 18, 1989.Respondent has failed to file an answer to the complaint as required by Commission Rules34(d) and 36. Copies of both Rules are attached. A copy of \”A Guide to Procedures ofthe United States Occupational Safety and Health Review Commission\” is alsoattached.Respondent is ordered to file an answer by mailing it to me onor before March 2, 1990, or to show cause (by that date) why it should not be declared tobe in default and its notice of contest should not be dismissed for abandonment thereof.Otherwise, I will enter a final order dismissing Respondent’s notice of contest andaffirming 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 asEXHIBIT \”A\”, and incorporated herein by reference.”