Fort Worth Crushed Stone, Incorporated (ALJ decision, May 7, 1999)

Plain-English summary

Fort Worth Crushed Stone was the respondent in a civil penalty proceeding involving the Cleburne Base. The Secretary's penalty petition was filed by a law clerk rather than an attorney in the Office of the Solicitor. Judge Paul Merlin ordered the petition to be resubmitted and signed by an attorney within 21 days. He warned that the case could otherwise be dismissed for want of prosecution.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(d)
• Outcome: The penalty petition was ordered resubmitted and signed by an attorney within 21 days.
• Key point: A penalty petition filed by a law clerk had to be refiled and signed by an attorney or the proceeding risked dismissal.

Full text (FMSHRC public release)

FORT WORTH CRUSHED STONE, INCORPORATED
May 7, 1999
CENT 99-162-M

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

WASHINGTON, D. C. 20006-3868

May 7, 1999

SECRETARY OF LABOR
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 99-162-M Petitioner : A. C. No. 41-02965-05517 FTE :
v. : Cleburne Base
FORT WORTH CRUSHED STONE, :
INCORPORATED,
:
Respondent :

ORDER TO RESUBMIT PENALTY PETITION

This case is before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977. On March 15, 1999, a penalty petition was filed on behalf of the Secretary which was answered by the operator on April 26, 1999.

The penalty petition was filed by an individual who styles herself as a law clerk. I have recently refused to accept penalty petitions and a settlement motion filed by law clerks from this regional office. Phoenix Associates Land Service Inc.,
21 FMSHRC
, (May 3, 1999); Bowen Industries, Inc.,
Docket No. CENT 98-268-M, 21 FMSHRC
, (April 26,
1999). The petition filed in this case must be refiled and signed by an attorney in the Office of the Solicitor. Otherwise a show cause order will be issued why this case should not be dismissed for want of prosecution.

In light of the foregoing, it is ORDERED that within 21 days of the date of this order the penalty petition be resubmitted and signed by an attorney in the Office of the Solicitor.

Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

Thomas Mascolino, Esq., Office of the Solicitor, U. S. Department of Labor, Room 420, 4015 Wilson Boulevard, Arlington, VA 22203

Brian L. Pudenz, Esq., Office of the Solicitor, U. S. Department of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202

Mr. Fred H. Brown, President, Fort Worth Crushed Stone Inc., P. O. Box 121906, Fort Worth, TX 76121

/gl

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006-3868

Mr. Fred H. Brown, President
Fort Worth Crushed Stone Inc.
P. O. Box 121906
Fort Worth, TX 76121