” SECRETARY OF LABOR,\t Complainant,\t v.\tOSHRC Docket No. 06-1159RAKICH MASONRY,\t Respondent.\t REMAND ORDERIn an order dated November 24, 2006, Chief Administrative Judge IrvingSommer dismissed Rakich Masonry?s notice of contest for its failureeither to file an answer to the Secretary?s complaint or respond to thejudge?s subsequent show cause order. In his order dismissing the case,the judge also affirmed the serious citation and proposed penaltiestotaling $3,000.On November 30, 2006, however, the judge received a letter from theowner of Rakich Masonry, Drago Rakich, appearing pro Se, which theCommission treated as a petition for discretionary review. In hisletter, Mr. Rakich explains that he does not intend to cause delay andhas not abandoned his case but describes his difficulty in receivingmail due to his incarceration in the Rockwall (Texas) County Jail sinceAugust 2006 on unrelated charges. Mr. Rakich?s only proof ofincarceration is a blank form from the Rockwall County Jail entitled?Inmate Worker (Trusty) Request Form.? We also note that the judge?sshow cause order, sent via certified mail, was returned to theCommission unopened with the unsigned return-receipt card on November13, 2006.Based on Mr. Rakich?s letter, the alleged circumstances may represent a?sufficient? reason for Rakich Masonry?s failure to file an answer orrespond to the show cause order under Commission Rule of Procedure 101(b), 29 C.F.R. ?2200.101(b). However, the Commission has not been presented with asufficient factual record to make such a decision.Accordingly, we set aside the judge?s order of dismissal and remand forfurther proceedings consistent with this order. SO ORDERED. \/s\/_____________________________W. Scott RailtonChairman \/s\/____________________________Thomasina V. RogersCommissioner \/s\/_____________________________ Horace A.Thompson Commissioner Date: January 12, 2007 ———————————————————————— Secretary of Labor,\t Complainant,\t V.\tOSHRC DOCKET NO. 06-1159RAKICH MASONRY,\t Respondent.\t ORDER On 10\/10\/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 requfred 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\/ IRVINGSOMMER ChiefJudgeDATE: November 24, 2006 Washington, D.C. “