“Docket No. 90-3207 SECRETARY OF LABOR,Complainant,v.PAN AMERICAN TANNING CORPORATION,Respondent.OSHRC DOCKET NO. 90-3207ORDER On July 26, 1991, Respondent filed a Petition for Interlocutory Review pursuant toCommission Rule 73, 29 C.F.R. ? 2200.73. Respondent requests the Commission to review andset aside an order issued by Administrative Law Judge Irving Sommer on July 22, 1991. Theorder waived the requirements of Commission Rule 35 and permitted the Secretary to file acomplaint pursuant to the Rules of Procedure in effect prior to December 8, 1986.Having considered the matter presented, the Commission grants Respondent’s Petition forInterlocutory Review. The Commission orders the Secretary’s complaint to be stricken fromthe record and orders the Secretary to file a new complaint, which complies with thepresent Commission Rule 35, with Judge Sommer within 30 days of the date of thisorder.[[1]]Edwin G. Foulke, Jr.ChairmanDonald G. WisemanCommissionerDated: August 21, 1991SECRETARY OF LABORComplainantv.PAN AMERICAN TANNING CORPORATIONRespondentDocket No. 90-3207ORDERMotion by the Secretary for Reconsideration of the June 26, 1991, ORDER directing filingof a Complaint in compliance with current Rule 35 of the Commission’s Rule of Procedure isopposed.After due consideration of all filings, the ORDER dated June 26, 1991, is vacated. TheComplaint filed May 13, 1991, pursuant to the Rules of Procedure in effect prior toDecember 8, 1986, is accepted.The Respondent is directed to file an answer to the Complaint within 30 days of thereceipt of this ORDER.IRVING SOMMERJUDGE OSHRCDATED: JULY 22 1991WASHINGTON, D.C.FOOTNOTES:[[1]] Commissioner Montoya dissents. She would deny the Respondent’s Petition forInterlocutory Review and accept the complaint that has already been filed.”