“Docket No. 88-2872 SECRETARY OF LABOR, Complainant v. MARK CIULLO CONSTRUCTION CO., INC., Respondent.OSHRC Docket No. 88-2872\u00a0ORDER The parties’ Stipulation and Settlement Agreement isapproved. This order is issued pursuant to a delegation of authority to the ExecutiveSecretary. 41 Fed. Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979).FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: October 12, 1989\u00a0\u00a0ELIZABETH DOLE, SECRETARY OF LABOR, Complainant, v. CIULLO CONSTRUCTION COMPANY, Respondent.OSHRC Docket No. 88-2872\u00a0STIPULATION AND SETTLEMENT AGREEMENTIn full settlement and disposition of the instantmatter, it is stipulated and agreed by the parties as follows:1. Complainant hereby withdraws item 1 of CitationNo. 1 issued to respondent on November 10, 1988.2. Complainant hereby amends the penalty proposed inconnection with items 2 through 5 of Citation No. 1 as follows: Items Proposed Amended item 2 $250 $125 item 3 \u00a0 300 \u00a0 150 item 4 \u00a0 300 \u00a0 150 item 5 \u00a0 300 \u00a0 150 $575 3. No change is made to Citation No. 2, for which no penalty was proposed.4. Respondent hereby withdraws its notice of contestto the citations and to the notification of proposed penalty as amended above.5. Respondent agrees to pay $575 in full and completepayment of the penalty within 30 days of the date of this settlement agreement.6. Respondent certifies that a copy of thisStipulation and Settlement Agreement was posted on the 12 day of September 1989, inaccordance with Rules 7 and 100 of the Commission’s Rules of Procedure. There are noauthorized representatives of employees.7. Each party will bear its own litigation costs andexpenses.Dated this 12 day of September 1989.Ciullo Construction Company\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Robert P.Davis\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0SolicitorCynthia L. AttwoodAssociate Solicitor for Occupational Safety & HealthDaniel J. MickCounsel for Regional Trial LitigationSECRETARY OF LABOR, Complainant v. MARK CIULLO CONSTRUCTION CO., INC. RespondentOSHRC DOCKET NO. 88-2872\u00a0ORDER ENTERED UPON SECRETARY’S MOTION TO DISMISSNOTICE OF CONTESTRespondent, Mark Ciullo Construction Co., Inc.(Ciullo Construction), was cited on November 10, 1988, for alleged serious (citationnumber 1) and nonserious (citation number 2) violations of several construction safetystandards and a posting requirement. The Secretary proposed that penalties be assessed forcitation number 1 in the total amount of $1,500. Ciullo Construction contested thecitations and the proposed assessment of penalties.On January 24, 1989, the Secretary served and filed acomplaint. Under 29 C.F.R. ? 2200.4(b) and 34(d)(1), Ciullo Construction was required tofile an answer by February 27, 1989. To date the answer has yet to be filed.On March 9, 1989, the Secretary served and filed amotion to dismiss the notice of contest for failure to answer the Secretary’s complaint.There being no response in any manner to the Secretary’s motion to dismiss, it is ORDERED that the Secretary’s Motion to dismiss the notice of contest is granted. Itis further ORDERED that the notice of contest is dismissed, the citations are affirmed, andpenalties are assessed in the total amount of $1,500.RICHARD DeBENEDETTOJudge, OSHRCDated: April 21, 1989Boston, Massachusetts”