“Docket No. 91-3393, Economy Sod, Inc.UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION1825 K St., N.W.4th FLOORWASHINGTON, D.C. 20006-1246FAX 8\/(202) 634-4008____________________________________SECRETARY OF LABOR, : : Complainant, : OSHRC Docket No. 91-3393 :ECONOMY SOD, INC., : : Respondent. :____________________________________:\t\t\t\tDIRECTION FOR REVIEW AND ORDEROn May 28, 1992, Administrative Law Judge James D. Burroughs issued an Order Granting theSecretary’s Motion to Dismiss Notice of Contest in the referenced case. Issuance of that Order was basedon the Respondent having failed to answer an earlier Order to Show Cause why the notice of contestshould not be dismissed. Judge Burroughs’ Order was docketed with the Commission on June 4, 1992.On June 8, 1992, the Respondent filed a Petition for Discretionary Review with the Commission.The Respondent’s petition was predicated on a belief that it had, in fact, properly responded to the Orderto Show Cause in a timely fashion. Pursuant to 29 U.S.C. ? 651(j) and Commission Rule 92(a), 29 C.F.R.? 2200.92(a), the aforementioned Final Order of the Administrative Law Judge is directed for review.-2-\tBased on a review of the official record, there is ample evidence to support a finding that theRespondent did timely respond to the Order to Show Cause and that such timely response was overlookedby the Commission due to clerical error. Accordingly, we hereby vacate the judge’s Order GrantingSecretary’s Motion to Dismiss Notice of Contest and remand this case for further, appropriateproceedings.\/s\/Edwin G. Foulke, Jr. Chairman \/s\/ Donald G. Wiseman Commissioner \/s\/ Velma Montoya CommissionerDated: June 18, 1992NOTICE OF DIRECTION FOR REVIEW AND ORDER\tThe attached Direction for Review and Order by the Occupational Safety and Health ReviewCommission was issued and served on the following on June 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 Heaith Review CommissionRoom 2401365 Peachtree Street, N.E.Atlanta, GA 30309-3119 FOR THE COMMISSION \/s\/ Ray H. Darling, Jr. Executive Secretary Quality Sod & Landscaping, Inc.(Graphic Images Unavailable) 18200 W. Okeechobee Rd. Miami, FL. 33015 Tel. (305) 829-2800 Fax.. (305) 829-0904June 8, 1992Mr. Ray H. Darling, Jr.Executive SecretaryOccupational Safety and HealthReview Commission1825 K Street NW Room 401Vashington, D. C . 20006-1246Re: OSHRC DOCKET No. 91 -3393Dear Mr. Darling:We hereby like to petition for discretionary review of Judge Burroughs decision on above referenced case.The decision for dismissing the hearing on this case was based on an erroneous quote: one that states – \”we didn’t answer JudgeIrving Sommer’s order showing cause as to why notice of contest should not he dismissed\”.\t\t\t\t\tAs you can see – by the enclosed proof – we did answer both of the judges’ letters. (Sommers & Burroughs)I believe the dismissal has no valid grounds if only an answer explaining the reason for contesting the citation is alll they reguiredfrom us; therefore, since we complied with the order like we were to do I think we are entitled to a hearing on the matter. I thank for your cooperation and understanding. – Hopefully this time everything will be cleared.Sincerely,\/s\/Omar Izquierdofor Economy SodOI\/fh.cc: Daniel J Mick, Esq.Counsel for Regional Trial LitigationOffice of the Solicitor, USDOL200 Constitution Ave., N.W. Room S4004Washington, D.C. 20210″