Marianas Garment Manufacturing, and its successors; 02-0129 07/29/02

This matter comes up on Complainant’s motion to dismiss Respondent’s late notice of contest. Complainant maintains that Respondent failed to file its notice of contest within 15 days of its receipt of the subject OSHA citation as required under §10(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. Section 651 et seq.; hereafter called the “Act”).1 In its opposition to Complainant’s motion, Respondent admits that its filing was untimely, but asks that the Commission grant relief under Rule 60(b) of the Federal Rules of Civil Procedure.