Ezel / Agency Decisions / CENT 86-6-M

M.M. Sundt Construction Company (ALJ decision, July 11, 1986)

M.M. Sundt Construction Company (FMSHRC CENT 86-6-M): Default order assessed $40, then was vacated

Decision type
ALJ decision
Docket
CENT 86-6-M
Decided
July 11, 1986
Presiding judge
John J. Morris
Outcome
Citations affirmed
Precedential status
Reviewed by the Commission
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1986
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

M.M. Sundt Construction Company did not respond to a prehearing order or to an order to show cause in a civil-penalty case. Judge John J. Morris entered a default, dismissed Sundt's contest, affirmed two citations, and ordered $40 in penalties. The order did not decide the alleged violations on their merits. The Commission later vacated the default and sent the case back so Sundt could explain its failure to respond. The official release's date code says June 11, but the Commission identifies this order as issued July 11, 1986, after the June 26 show-cause order.

Decision snapshot

  • Cited standards: This ALJ order does not identify the standards underlying the two citations.
  • Outcome: Default judgment for MSHA and $40 assessed; the Commission later vacated the default and remanded.
  • Key point: The judge treated missed prehearing and show-cause responses as grounds for default; that default did not survive Commission review.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. M.M SUNDT CONSTRUCTION
DDATE:
19860611
TTEXT:
~1099

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 86-6-M
PETITIONER
A.C. No. 29-01936-05503

v. Sundt Crusher

M.M. SUNDT CONSTRUCTION CO.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Morris

Respondent failed to comply with a prehearing order issued on June 6, 1986 and further failed to comply with an order to show cause issued on June 26, 1986.

Accordingly, I find respondent in default and I enter the following:

ORDER

1. The order of June 26, 1986 granting the Secretary additional time to comply with the prehearing order is vacated.

2. The notice of contest filed by respondent is dismissed.

3. Citation 2091027 and the proposed penalty of $20 are affirmed.

4. Citation 2091028 and the proposed penalty of $20 are affirmed.

5. Respondent is ordered to pay to the Secretary the sum of $40 within 40 days of the date of this order.

John J. Morris
Administrative Law Judge

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