Secretary of Labor v. Central Stone Company (Commission decision, August 17, 2026)

Plain-English summary

Central Stone asked the Commission to reopen a penalty case after a show-cause order had apparently become a default order. The company said it never received the show-cause notice. The Commission found that its own email address for Central Stone contained a typographical error, so the notice had not been properly served. The apparent default never became final, making reopening unnecessary. The Commission denied the motion as moot and returned the still-open case to the chief administrative law judge.

Decision snapshot

• Governing provisions: 30 U.S.C. § 823(d)(1), (d)(2)(A)(i); 29 C.F.R. §§ 2700.69(b), 2700.70(a)
• Outcome: Reopening motion denied as moot; case remanded for further proceedings.
• Key point: A show-cause order sent to the wrong email address did not create a final default order.

Full text (FMSHRC public release)

Commission Order (Central Stone Company) CENT 2025-0213 (002) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N WASHINGTON, DC 20004-1710

August 17, 2026

SECRETARY OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION (MSHA),

v.

CENTRAL STONE COMPANY

Docket No. CENT 2025-0213
A.C. No. 23-00106-617160

BEFORE: Rajkovich, Chair; Jordan, and Baker, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2024) (“Mine Act”). On December 1, 2025, the Commission received from Central Stone Company (“Central Stone”) a motion seeking to reopen a penalty assessment proceeding and relieve it from the Default Order entered against it.

On July 28, 2025, the Chief Administrative Law Judge issued an Order to Show Cause in response to Central Stone’s perceived failure to answer the Secretary of Labor’s May 28, 2025, Petition for Assessment of Civil Penalty. By its terms, the Order to Show Cause was deemed a Default Order on August 28, 2025, when it appeared that the operator had not filed an answer within 30 days.

Central Stone asserts that it did not receive the Order to Show Cause. When the Secretary later forwarded a copy of the Commission’s Order to the operator, Central Stone discovered that the Commission made a typographical error in its email address. The Secretary does not oppose the motion to reopen and confirms that the Order to Show Cause was in fact incorrectly addressed.

A Judge’s jurisdiction over a proceeding terminates when a default occurs. 29 C.F.R.
§ 2700.69(b). Under the Mine Act and the Commission’s procedural rules, relief from a Judge’s decision may be sought by filing a petition for discretionary review within 30 days of its issuance. 30 U.S.C. § 823(d)(2)(A)(i); 29 C.F.R. § 2700.70(a). If the Commission does not direct review within 40 days of a decision’s issuance, it becomes a final decision of the Commission. 30 U.S.C. § 823(d)(1).
The Order to Show Cause was not properly served on Central Stone and therefore it did not result in a final order of default. Accordingly, the operator’s motion is denied as moot. See Material Sand & Stone Corp., 48 FMSHRC 184, 185 (Apr. 2026). This case remains open and is remanded to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700.

Mary Lu Jordan, Commissioner

Timothy J. Baker, Commissioner
Marco M. Rajkovich, Jr., Chair

Distribution:
Michael Mudd
Central Stone Company Corporate Safety Director 4640 East 56th Street Davenport, IA 52807 [email protected]
Thomas A. Paige, Esq.
Susannah Maltz, Esq.
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428 Washington, DC 20210 [email protected] [email protected]

Melanie Garris
US Department of Labor/MSHA Office of Assessments, Room N3454 200 Constitution Ave NW Washington, DC 20210 [email protected] [email protected]
Acting Chief Judge David P. Simonton
Federal Mine Safety Health Review Commission 1331 Pennsylvania Avenue, NW Suite 520N Washington, DC 20004-1710 [email protected]