“DECISION SECRETARY OF LABOR,\t Complainant,\t v.\t OSHRC Docket No. 06-1502QUALITY BORING CO.\t Respondent.\t APPEARANCES:William Everhart, Regional Solicitor; Amy Sanders Hairston, Attorney;U.S. Department of Labor, Dallas, TXFor the ComplainantTilden Barnes, North Little Rock, ARFor the Respondent *REMAND ORDER*In an order dated December 11, 2006, Chief Administrative Law JudgeIrving Sommer dismissed Quality Boring?s notice of contest for itsfailure to file an answer to the Secretary?s complaint or respond to thejudge?s subsequent Order to Show Cause. The Order to Show Cause hadbeen marked unclaimed and returned by the Postal Service on November 25,2006. In his order, the judge also affirmed the citations and proposedpenalties totaling $7,050. On January 10, 2007, the Commission?s Executive Secretary received a faxfrom Quality Boring signed by Tilden Barnes, Manager. The fax includeda letter in which Mr. Barnes explained some of the circumstances of thecase as well as a copy of Respondent?s notice of contest and itsresponse to a settlement proposal from the Secretary. Based on Mr. Barnes?s fax, which indicates that Quality Boring has notabandoned the case, and the unclaimed Order to Show Cause, we believethat Quality Boring should be afforded an opportunity to explain whetherit had a ?sufficient? reason under Commission Rule of Procedure 101(b),29 C.F.R. ? 2200.101(b) for its failure to file its answer.Accordingly, we set aside the judge?s dismissal and remand this case tohim for further proceedings. SO ORDERED. \/s\/__________________________W. Scott RailtonChairman \/s\/___________________________Thomasina V. RogersCommissioner \/s\/___________________________ Horace A.Thompson Commissioner Date: January 16, 2007 Secretary of Labor,\t Complainant,\t V.\t OSHRC DOCKET NO. 06-1502 QUALITY BORING CO.,\t Respondent.\t * ** ** ** ** ** ** **ORDER** *On *11\/6\/06 *the undersigned issued an *ORDER TO SHOW CAUSE *to theRespondent as to why his Notice of Contest should not be dismissed forfailure to file an answer to the complaint as required by the CommissionRules of Procedure. The Respondent failed to reply to the ORDER. Hisactions demonstrate either that he has abandoned the case or treats theRules of Procedure of the Commission with disdain. This cannot becountenanced as it seriously impedes the administration of justice. Accordingly, the Notice of Contest filed by the Respondent is dismissed.The Secretary?s citation(s) and proposed penalties are AFFIRMED in allrespects. \/s\/IRVINGSOMMERChief Judge DATE: December 11, 2006Washington, D.C.”