“SECRETARY OF LABOR,Complainant.v.STONE PORTABLE TOILETS,Respondent.OSHRC Docket No. 91-2732_ORDER_Before: FOULKE, Chairman; WISEMAN and MONTOYA, Commissioners.BY THE COMMISSION:By Order dated April 14, 1992, Commission Judge Irving Sommer dismissedRespondent’s notice of contest to the citation in this case. His groundswere Respondent’s failure to file an answer to the complaint, and itsfailure to reply to the judge’s Order to Show Cause why the notice ofcontest should not be dismissed as a result.Respondent appears pro se, represented by its owner, Gary Stone. Mr.Stone has written the Commission, stating \”I did file an answer to thecomplain as required by the Commission Rules of Procedure. Please checkyour records.\” However, as the judge indicated in his Order to ShowCause, there is no answer to the complaint in the Commission’s file onthis case.The case was directed for review on the issue of whether Respondent didfile an answer. In order to answer that question, we will affordRespondent an opportunity to provide us with documents showing that Itdid file an answer. Specifically, Respondent must file with theCommission’s Executive Secretary, within 15 days of the date of theissuance of this Order, a copy of the answer it filed to the complaint,and a formal affidavit, stating in detail and under oath, when and howthat answer was filed.Accordingly, the judge’s Order dismissing Respondent’s notice ofcontest, and assessing $1200.00 in penalties, is affirmed unlessRespondent files the two documents described above with the Commission’sExecutive Secretary, within 15 days of the date of issuance of thisOrder. Respondent shall serve on the Secretary’s counsel in this case,by mailing, a copy of the documents that it files with the ExecutiveSecretary. See Commission Rules 7(a)-(d).Edwin G. Foulke, Jr. ChairmanDonald G. WisemanCommissionerVelma Montoya CommissionerDated: May 14, 1992″