John Yonich v. ORCAA
Appeal of $5,000 penalty for asbestos violations
This case involved Mr. Yonich’s appeal of a $ 5,000 penalty he was issued by ORCAA for an alleged asbestos regulation violation. Mr. Yonich failed to participate in a scheduled telephone pre-hearing conference, and then did not respond to a letter asking him to call to reschedule the pre-hearing conference by a particular date. The Board then entered an order dismissing the appeal based on Mr. Yonich’s failure to participate. After the Order of Dismissal was issued, an attorney appeared on behalf of Mr. Yonich and filed a motion to vacate the dismissal order. The Board denied the motion to vacate on the basis that the Appellant offered no reason for his failure to participate in the pre-hearing conference or respond to the Board’s letter.