6-1901-14794-2

OSHD Docket No. 6499

OSHI ID/Report No. D6482 043-99

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

Shirley I. Chase, Commissioner, Department of Labor and Industry, State of Minnesota, Complainant, vs. M & D Stucco and Wall Systems, Respondent.

ORDER DISMISSING NOTICE OF CONTEST AND AFFIRMING CITATION AND PENALTY

No hearing was held in this matter. The following facts are taken from the file:

1. Complainant served a Citation and Notification of Penalty (“citations”) by certified mail upon M & D Stucco and Wall Systems (“M & D”) on October 29, 1999. These were received by M & D on November 1, 1999.

2. On November 22, 1999, Complainant received M & D’s Notice of Contest and Service to Affected Employees (“Notice of Contest”).

3. On February 18, 2000, Complainant served a Summons and Notice to Respondent and Complaint (“Summons and Complaint”) upon M & D by first class mail. M & D has neither filed an answer to the complaint nor offered any reason for failing to do so.

4. On March 15, 2002, Complainant served a Notice of Motion and Motion to Dismiss on M & D. The Notice of Motion and Motion to Dismiss informed M & D that if it wished to contest the Motion, it had to file a written response with the Judge and serve copies on all parties within 10 days after receipt. Respondent did not file any documents with either Complainant or the Judge.

5. On May 9, 2002, the undersigned Administrative Law Judge sent a letter to M & D, indicating that no response to the Department’s Motion had been received, and that unless one was received within 10 days after receipt of the letter, the Motion would be granted and M & D would have to pay the proposed penalty. No response to that letter has been received, nor has the letter been returned as undeliverable.

Based upon the foregoing, the Administrative Law Judge makes the following:

ORDER

1. M & D’s Notice of Contest is DISMISSED.

2. Citation 1, Items 1a and 1b of the Citation and Notification of Penalty issued to M & D on October 29, 1999, are AFFIRMED in all respects.

3. The appropriate penalty for Citation 1, Items 1a and 1b is a combined $625.00 as proposed in the Citation and Notification of Penalty issued to M & D on October 29, 1999.

4. Citation 1, Items 2a and 2b of the Citation and Notification of Penalty issued to M & D on October 29, 1999 are AFFIRMED in all respects.

5. The appropriate penalty for Citation 1, Items 2a and 2b is a combined $625.00 as proposed in the Citation and Notification of Penalty issued to M & D on October 29, 1999.

6. M & D shall immediately pay a total penalty of $1,250.00 to the Minnesota Department of Labor and Industry at the following address:

Department of Labor and Industry

Minnesota OSHA Compliance

443 Lafayette Rd. North

St. Paul, MN 55155

7. If M & D fails to comply with any of the terms of this Order:

a. Complainant may take action against M & D pursuant to the Minnesota Occupational Safety and Health Act of 1973 and other remedies provided by law; and

b. M & D will be liable to Complainant for any collection fees and interest Complainant incurs in attempting to collect the amount due in paragraph 6 of this Order.

Dated this

7^th

day of

June

2002.

S/ Allan W. Klein

ALLAN W. KLEIN

Administrative Law Judge