Secretary of Labor v. Arnold Hoskins

Plain-English summary

Arnold Hoskins asked the Commission to reopen a $4,800 penalty matter after MSHA sent him a delinquency notice. The Chief Administrative Law Judge had previously ordered the Secretary to file a penalty petition and explain the delay. When the Secretary did not comply, the case was dismissed on December 22, 2017. The Commission held that no penalty had been assessed or remained collectible, so it denied the reopening motion as moot.

Decision snapshot

• Cited authority: Federal Mine Safety and Health Act of 1977
• Outcome: The motion to reopen was denied as moot, and no $4,800 penalty was owed or collectible.
• Key point: A dismissed penalty case left no final assessment for the respondent to reopen.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH      

ADMINISTRATION
(MSHA)           

v.

ARNOLD
HOSKINS

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Docket
No. KENT 2015-0644

A.C.
No. 15-18870-387869A

BEFORE: Traynor , Chair; Althen
and Rajkovich, 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. (2018) (“Mine Act”). On July 3, 2018, the Commission received from Arnold
Hoskins a motion to reopen the above-captioned civil penalty proceeding. In the
motion, Hoskins explains that he had filed a timely contest of a proposed
penalty assessment in the amount of $4,800 for an alleged violation related to
Citation No. 8400829-00019613A. He states that, although he was never afforded
an opportunity for a hearing on the contest, he received a notice from the
Department of Labor’s Mine Safety and Health Administration informing him that
he was delinquent in paying the $4,800 penalty.

On November 21, 2017, the Chief Administrative
Law Judge issued an Order to Show Cause and Dismissal Order. In the order, the
Judge directed the Secretary of Labor to submit a penalty petition and an
explanation stating why he failed to initially submit the penalty petition in a
timely fashion. The order further stated that if the Secretary failed to do so,
on the thirty-first day after the November 21 order, the case would be
dismissed. The Secretary failed to submit a petition, and the case was
dismissed on December 22, 2017.

This case has been dismissed; the proposed
penalty of $4,800 has not been assessed and no penalty is owed or collectible. Therefore,
we deny Hoskins’ motion to reopen as moot.

/s/ Arthur R. Traynor, III

Arthur
R. Traynor, III, Chair

/s/
William I. Althen

William
I. Althen, Commissioner

/s/
Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

Distribution:

Arnold
Hoskins

5881
Mt. Zion Road

East
Bernstadt, KY 40729

Archith
Ramkumar, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

April
Nelson, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

Chief
Administrative Law Judge Glynn Voisin

Federal
Mine Safety & Health Review Commission

Office
of the Chief Administrative Law Judge

1331
Pennsylvania Avenue, NW, Suite 520N

Washington,
DC 20004-1710

[email protected]