J. I. Hass Company, Inc.

Plain-English summary

The Third Circuit reversed the Commission's prior late-contest ruling and required further findings. On remand, the Commission sent the case back to the administrative law judge to determine the facts surrounding delivery and receipt of the citations and penalty notices and to decide whether J. I. Hass could obtain relief under Federal Rule of Civil Procedure 60(b).

Decision snapshot

• Cited standard(s): None identified in the Commission order.
• Outcome: Case remanded for evidence and a Rule 60(b) determination.
• Key point: The judge had to determine actual receipt and equitable relief before treating the citations as final based on an untimely contest.

Full text (OSHRC public release)

Docket No. 79-6864

J. I. HASS COMPANY, INC.
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OSHRC Docket No. 79-6864

Occupational Safety and Health Review Commission

July 31, 1981

COUNSEL:

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[*1]
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Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Robert S. Peckar, for the employer

OPINION:

ORDER

This case is before the Commission on remand from the United States Court of Appeals for the Third Circuit.
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J. I. Hass Co. v. OSHRC and the Secretary of Labor, No. 80-2017 (3d Cir, May 7, 1981).
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The Court reversed the Commission's decision and remanded the case n1 to the Commission to ascertain the facts concerning the delivery of citations and notices of penalties to Respondent, J.I. Hass Company, decide whether "receipt of the notice(s)" occurred, and determine whether Respondent may obtain relief pursuant to Rule 60(b) n2 of the Federal Rules of Civil Procedure.

• • • • • • • • • • • • • • • • • -Footnotes- - - - - - - - - - - - - - - - - -

n1 In this case, Assistant Chief Administrative Law Judge Irving Sommer ruled that the Respondent's notice of contest was not timely filed and, accordingly, the uncontested citations became a final order of the Commission.
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Judge Sommer's decision became a final order of the Commission pursuant to �
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12(j), 29 U.S.C. �
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661(i), of the Occupational Safety and Health Act of 1970, 29 U.S.C. � �
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651-678, when no Commissioner directed the judge's decision to be reviewed.

n2 The Federal Rules of Civil Procedure will be used in Commission proceedings unless the Commission has adopted a different rule.
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Section 12(g), 29 U.S.C. �
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661(f), of the Act.
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In reliance upon the court's decision in Hass, the Commission has recently held that it will apply Fed. R. Civ. P. 60(b) in considering untimely notices of contest.
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[*2]
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• • • • • • • • • • • • • • • • -End Footnotes- - - - - - - - - - - - - - - - -

Accordingly, the case is remanded to Administrative Law Judge Irving Sommer to take evidence and render a decision consistent with the decision of the court in this case.
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SO ORDERED.
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