SECRETARY OF LABOR,
Complainant,

v.

CON-LIN CONSTRUCTION COMPANY,
Respondent.

OSHRC Docket No. 83-0371


REMAND ORDER

Administrative Law Judge Irving Sommer affirmed a citation alleging a serious violation on the ground that Respondent's notice of contest had been untimely filed. The record, however, indicates that within the time period for contesting a citation Respondent met with representatives of the Secretary at an informal conference. Respondent disputed the Secretary's position as expressed at this conference and regards the conference as a contest of the citation. In these circumstances, we set aside the judge's order and reinstate the notice of contest. See Merritt Electric Co., Inc., 81 OSAHRC 75/D4, 9 BNA OSHC 2088, 1981 CCH OSHD ¶ 25,556 (No. 77-3772, 1981). Accordingly, we remand this matter for proceedings on the merits of the alleged violation.

SO ORDERED.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

DATED: DEC 5 1983

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