Meramec Aggregates, Inc. (ALJ decision, June 3, 1988)

Plain-English summary

Meramec Aggregates requested a hearing on a proposed civil penalty, but the Solicitor did not file the required penalty petition within the applicable deadline. After a show-cause order and a further promise to file the petition or respond, the Solicitor still did not act. Chief Administrative Law Judge Paul Merlin dismissed the case for failure to file the penalty petition and comply with the show-cause order.

Decision snapshot

• Governing rule: 29 C.F.R. § 2700.27
• Outcome: The civil penalty proceeding was dismissed because the Solicitor failed to file a penalty petition and comply with the show-cause order.
• Key point: Failure to file the required penalty petition and answer a show-cause order resulted in dismissal.

Full text (FMSHRC public release)

CCASE:
SOL V. MERAMEC AGGREGATES
DDATE:
19880603
TTEXT:

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FMSHRC-WDC
June 3, 1988

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Docket No. CENT 88-40-M
Petitioner A. C. No. 23-00708-05502 v.
Meramec Aggregates, Inc.
MERAMEC AGGREGATES, INC.,
Respondent

ORDER OF DISMISSAL

Before: Judge Merlin

On December 11, 1987, the operator's request for a hearing was received by this Commission. Commission rules require a proposal for a penalty to be filed within 45 days of the date the Secretary receives a timely notice of contest. 29 C.F.R. $ 2700.27. The Solicitor failed to file a penalty petition. Therefore, on March 17, 1988, an order was issued directing the Solicitor to show cause why this case should not be dismissed. The order was mailed to the Solicitor by certified mail, return receipt requested, and the file contains the receipt card from the Solicitor.

The file indicates that on April 27 my law clerk spoke to the Solicitor, Mr. Charles Mangum, who stated he would file the penalty petition or a response to the Show Cause Order on April 28. But he did not do so. The Commission does not have the resources to keep reminding Solicitors to do what the Act and regulations require.

Due to the Solicitor's failure to file a penalty petition and to comply with the show cause order, this case must be and is hereby DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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Distribution:

Charles Mangum, Esq., Office of the Solicitor, U. S. Department of Labor, Room 2106, 911 Walnut Street, Kansas City, MO 64106 (Certified Mail)

Thomas Mascolino, Esq., Counsel, Trial Litigation, Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203 (Certified Mail)

Meramec Aggregates, Inc., 445 W. Gravoif, St. Claire, MO 63077 (Certified Mail)