“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION\u00a0 \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 3661 SPECTOR FREIGHT SYSTEM, INC., \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0September15, 1976DECISIONBEFORE BARNAKO, Chairman; MORAN and CLEARY,Commissioners.MORAN, Commissioner:A decision of Review Commission JudgeGeorge W. Otto, dated September 8, 1975, a copy of which is attached hereto asAppendix A,[1]is before this Commission for review pursuant to 29 U.S.C. ? 661(i).Having reviewed the record in itsentirety, the Commission finds that the Judge properly decided the case andadopts his decision granting complainant?s motion of withdrawal of citation andcomplaint by reason of lack of sufficient evidence, it being clear from therecord that all appropriate notification on this matter has been accomplished.Accordingly, the Judge?s decision is hereby affirmed.?FOR THE COMMISSION:?William S. McLaughlinExecutive SecretaryDATED: SEP 15, 1976\u00a0\u00a0UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION\u00a0 \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 3661 SPECTOR FREIGHT SYSTEM, INC., \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0September 8, 1975ORDERIn a decision issued June 10, 1975 theOccupational Safety and Health Review Commission remanded the above identifiedproceeding to the undersigned Judge. On September 4, 1975 complainant filed adocument served September 4, 1975 entitled ?Notice of Withdrawal of Citationand Complaint? . . . by reason of lack of sufficient evidence to sustain theburden as required by Review Commission Rules of Procedure 73. Complainant hasno authority to effect unilateral withdrawal. However the document filedSeptember 4, 1975 is deemed a motion for withdrawal.Under Commission Rule 73(a) in allproceeding commenced by the filing of a notice of contest, the burden of proofshall rest with the Secretary. No purpose is served by continuing thisproceeding where the complainant by reason of lack of sufficient evidence tosustain his burden elects to file a motion to withdraw.In support of the motion complainantsubmitted with the notice the affidavit of T. L. Patton, Director of Safety& Training of Spector Freight Systems, Inc.The motion is granted. Therefore thecitation issued June 21, 1973 is hereby vacated, the complaint served July 16,1976 is hereby dismissed and this proceeding is terminated.?George W. OttoJudge, OSAHRCDated: September 8, 1975[1] Chairman Barnakodoes not agree to this attachment.”