“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION1825 K St., N.W.4^th FLOORWASHINGTON, D.C. 20006-1246FAX 8\/(202) 634-4008____________________________________SECRETARY OF LABOR, : : Complainant, : OSHRC Docket No. 91-3393 :ECONOMY SOD, INC., : : Respondent. :____________________________________:DIRECTION FOR REVIEW AND ORDEROn May 28, 1992, Administrative Law Judge James D. Burroughs issued anOrder Granting the Secretary’s Motion to Dismiss Notice of Contest inthe referenced case. Issuance of that Order was based on the Respondenthaving failed to answer an earlier Order to Show Cause why the notice ofcontest should not be dismissed. Judge Burroughs’ Order was docketedwith the Commission on June 4, 1992.On June 8, 1992, the Respondent filed a Petition for DiscretionaryReview with the Commission. The Respondent’s petition was predicated ona belief that it had, in fact, properly responded to the Order to ShowCause in a timely fashion. Pursuant to 29 U.S.C. ? 651(j) and CommissionRule 92(a), 29 C.F.R. ? 2200.92(a), the aforementioned Final Order ofthe Administrative Law Judge is directed for review.-2-Based on a review of the official record, there is ample evidence tosupport a finding that the Respondent did timely respond to the Order toShow Cause and that such timely response was overlooked by theCommission due to clerical error. Accordingly, we hereby vacate thejudge’s Order Granting Secretary’s Motion to Dismiss Notice of Contestand remand this case for further, appropriate proceedings.\/s\/Edwin G. Foulke, Jr.Chairman\/s\/Donald G. WisemanCommissioner\/s\/Velma MontoyaCommissionerDated: June 18, 1992NOTICE OF DIRECTION FOR REVIEW AND ORDERThe attached Direction for Review and Order by the Occupational Safetyand Health Review Commission was issued and served on the following onJune 18, 1992:Daniel J Mick, Esq.Counsel for Regional Trial LitigationOffice of the Solicitor, USDOL200 Constitution Ave., N.W. Room S4004Washington, D.C. 20210Don McCoy, Esq.Associate Regional SolicitorOffice of the Solicitor, USDOLRoom 407B, Federal Building299 East Broward BoulevardFt. Lauderdale, FL 33301Julio Izquierdo, PresidentEconomy Sod, Inc.18200 West Okeechobee RoadMiami, FL 33015James D. BurroughsAdministrative Law JudgeOccupational Safety and HeaithReview CommissionRoom 2401365 Peachtree Street, N.E.Atlanta, GA 30309-3119FOR THE COMMISSION\/s\/Ray H. Darling, Jr.Executive Secretary————————————————————————\/Quality Sod & Landscaping, Inc.\/(Graphic Images Unavailable)18200 W. Okeechobee Rd.Miami, FL. 33015Tel. (305) 829-2800Fax.. (305) 829-0904\/June 8, 1992\/\/Mr. Ray H. Darling, Jr.\/\/Executive Secretary\/\/Occupational Safety and Health\/\/Review Commission\/\/1825 K Street NW Room 401\/\/Vashington, D. C . 20006-1246\/\/\/\/Re: OSHRC DOCKET No. 91 -3393\/\/Dear Mr. Darling:\/\/We hereby like to petition for discretionary review of Judge Burroughsdecision on above referenced case.\/\/\/\/The decision for dismissing the hearing on this case was based on anerroneous quote: one that states – \”we didn’t answer Judge IrvingSommer’s order showing cause as to why notice of contest should not hedismissed\”.\/\/\/\/As you can see – by the enclosed proof – we did answer both of thejudges’ letters. (Sommers & Burroughs)\/\/I believe the dismissal has no valid grounds if only an answerexplaining the reason for contesting the citation is alll they reguiredfrom us; therefore, since we complied with the order like we were to doI think we are entitled to a hearing on the matter. \/\/I thank for your cooperation and understanding. – Hopefully this timeeverything will be cleared.\/\/Sincerely,\/\/\/s\/\/\/Omar Izquierdo\/\/for Economy Sod\/\/OI\/fh.\/\/cc: Daniel J Mick, Esq.\/\/Counsel for Regional Trial Litigation\/\/Office of the Solicitor, USDOL\/\/200 Constitution Ave., N.W. Room S4004\/\/Washington, D.C. 20210\/”