Ezel / Agency Decisions / KENT 83-245

Secretary of Labor (MSHA) v. Broas Mining Company (ALJ decision, February 7, 1984)

Secretary of Labor (MSHA) v. Broas Mining Company (FMSHRC KENT 83-245): $206 penalty ordered after default

Decision type
ALJ decision
Docket
KENT 83-245
Decided
February 7, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on the parties but is not Commission precedent. 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

MSHA sought a civil penalty from Broas Mining Company concerning its No. 5 Surface mine. Broas did not respond to a pretrial order and did not show cause why that failure should not count as a default. Judge Joseph B. Kennedy entered a default order assessing the proposed $206 penalty for the charged violation. He directed Broas to pay by February 17, 1984, and dismissed the case subject to payment. The brief order does not identify the cited safety standard.

Decision snapshot

  • Cited standard: Not identified in the released decision.
  • Outcome: Proposed $206 penalty assessed by default; case dismissed subject to payment.
  • Key point: Failure to respond to the pretrial order and show cause led to a default penalty order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BROAS MINING
DDATE:
19840207
TTEXT:
~290

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. KENT 83-245
PETITIONER
A.C. No. 15-11601-03504

BROAS MINING COMPANY,
No. 5 Surface
RESPONDENT

DECISION

Before: Judge Kennedy

The operator having failed to show cause why its failure to respond to the pretrial order in this matter should not be deemed a default, it is found said dereliction is a default that authorizes entry of a summary order assessing the proposed penalty as a final order of the Commission. 29 C.F.R. 2700.63.

The premises considered, therefore, it is ORDERED that the operator pay a penalty of $206.00 for the violation charged. It is FURTHER ORDERED that the operator pay the penalty assessed, $206.00, on or before Friday, February 17, 1984 and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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