Ezel / Agency Decisions / cent-98-11-alj
FMSHRC ALJ decision Docket CENT 98-11 Decided January 8, 1998 Procedural Judge Paul Merlin

Georges Colliers Incorporated

Georges Colliers Incorporated (FMSHRC CENT 98-11): Order to show cause for incomplete penalty petition

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This order from 1998 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1998
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.
Final ALJ decision, not Commission precedent
The Commission may review an ALJ decision on its own initiative or in response to a petition filed within 40 days under 30 U.S.C. § 823(d)(1). If the Commission does not direct review, the ALJ decision becomes the final decision of the Commission. Check for later Commission review before relying on this decision. The full text below is from the official FMSHRC release.
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

The Secretary of Labor filed a civil penalty petition against Georges Colliers Incorporated for the Pollyanna No. 8 Mine. Chief Administrative Law Judge Paul Merlin found that the petition was incomplete because its exhibit did not include MSHA's assessment sheet identifying the contested violations. He ordered the Conference and Litigation Representative to file the missing information within 21 days or show cause why the case should not be dismissed.

Decision snapshot

  • Governing provisions: 30 U.S.C. § 815(d) and 29 C.F.R. § 2700.28(b)
  • Outcome: The penalty petition was not dismissed in this order, but the CLR was ordered to complete the filing or show cause within 21 days.
  • Key point: A penalty petition must identify the contested violations, proposed penalties, citation or order details, and the governing Act or regulation sections.

Full text (FMSHRC public release)


[DOCID: f:cnt98-11.wais]

GEORGES COLLIERS INCORPORATED
January 8, 1998
CENT 98-11

    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

              1730 K STREET, N.W., 6TH FLOOR

                WASHINGTON D.C. 20006-3868


                     January 8, 1998

SECRETARY OF LABOR : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) : Docket No. CENT 98-11
Petitioner : A. C. No. 34-01787-03530
:
v. : Pollyanna No. 8 Mine
GEORGES COLLIERS INCORPORATED, :
Respondent :

                   ORDER TO SHOW CAUSE

 This  case  is  before  me pursuant to section 105(d) of the

Federal Mine Safety and Health Act of 1977. 30 U.S.C. � 815(d).

 On  December  29,  1997,  the   Conference   and  Litigation

Representative (CLR) filed the penalty petition with an enclosed
exhibit for this case. However, the exhibit does not include a
copy of MSHA's assessment sheet identifying the violations
contested. Commission rule 2700.28(b), 29 C.F.R. � 2700.28(b),
requires that the petition list the alleged violations and the
proposed penalties, identify each violation by the number and
date of the citation or order and the section of the Act or
regulations alleged to be violated. Therefore, the petition is
incomplete and the CLR must provide the requisite information
before this case can proceed.

 On November 18,  1997, I issued an order to show cause, copy

enclosed, in Quapaw Company, 19 FMSHRC 1927, (Dec. 1997) pointing
out that there were an increasing number of recent cases where
the Secretary's representatives failed to attach required
exhibits to penalty petitions. On November 21, 1997, the
Associate Solicitor, for Mine Safety and Health wrote Solicitors
and CLRs regarding insufficient penalty petitions.

 It is   ORDERED  that  within  21  days  the  CLR  file  the

necessary information for his penalty petition to fulfill the
requirements set forth in the Commission rules or show cause why
this case should not be dismissed for inadequate filing.

                          Paul Merlin
                          Chief Administrative Law Judge

                          Enclosure

                          Distribution: (Certified Mail)

                          Ned   Zamarripa,   Conference   and
                          Litigation  Representative,  U.  S.
                          Department  of  Labor, MSHA, CMS&H,
                          P. O. Box 25367, Denver, CO 80225

                          Mr. G. Matt Richardson,  President,
                          George Colliers Inc., Route  3, Box
                          696, Henryetta, OK 74437

                          /gl

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