“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 16033 SERVICE SPECIALTY, INC., \u00a0 \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 May 22, 1980ORDERBefore CLEARY, Chairman; BARNAKO and COTTINE,Commissioners.BY THE COMMISSION:??????????? TheCommission adopts the judge?s conclusion, made in accordance with our remandorder of September 28, 1979, 79 OSAHRC 84\/F5, 7 BNA OSHC 1770, 1979 CCH OSHD ?\u00a023,928,that the Commission has jurisdiction over this proceeding.??????????? Thesettlement agreement submitted by the parties is hereby approved. The citationfor failure to comply with 29 C.F.R. ? 1903.16(a), dated October 23, 1975, isaffirmed and a penalty of $100 is assessed for that violation. The notificationof failure to correct, dated October 23, 1975, is affirmed and a penalty of $100is assessed for Respondent?s failure to timely abate the violations listed inthe notification. Thus, the total penalty for all matters covered by thesettlement agreement is $200. SO ORDERED.?FOR THE COMMISSION:?RAY H. DARLING, JR.EXECUTIVE SECRETARYBY: Gloria W. WhiteActing Executive SecretaryDATED: MAY 22, 1980\u00a0\u00a0UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 16033 SERVICE SPECIALTY, INC., \u00a0 \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0FINAL ORDER DATE: February 25, 1980DECISIONON REMAND??????????? On September 28, 1979, the Commission entered an order remandingthis case to the undersigned to enter appropriate findings of fact andconclusions of law as to whether respondent?s notice of contest was timelyfiled, which would affect jurisdiction in this case.??????????? Prior to the time of the scheduled hearing on remand, theparties filed a stipulation in settlement of all matters in issue. Accordingly,it is submitted as a finding of fact that respondent seeks to withdraw itsnotice of contest, and concluded, as a matter of law, that the Commission hasjurisdiction in this case since all allegations and assertions are consistentwith the pleadings and record.??????????? The parties agree that the alleged violations have beenabated and the proposed penalty, as amended, has been paid. It is, therefore,recommended that the Commission approve the settlement of the parties andaffirm the citation.?SO ORDERED.?Dated this 24th day ofJanuary, 1980.?\/s\/ PAUL L. BRADYJudge\u00a0”