Secretary of Labor (MSHA) v. Circle J. Coal Company, Inc. (ALJ decision, December 20, 1985)

Plain-English summary

MSHA brought a civil penalty case against Circle J. Coal Company, Inc. involving three citations at its No. 3 Mine. The company did not file the required prehearing statement or respond to an order to show cause why it should not be held in default. Judge William Fauver therefore treated the factual and violation allegations in the citations as established. He assessed penalties of $20, $46, and $20, totaling $86, and ordered payment within 30 days. The decision identifies the citation numbers but does not state the safety standards or the underlying conditions.

Decision snapshot

• Cited standards: Not identified in this decision.
• Outcome: Three citations sustained by default; $86 in civil penalties assessed.
• Key point: Failure to answer the show cause order led the judge to accept the citation allegations and assess penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CIRCLE J. COAL
DDATE:
19851220
TTEXT:
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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 84-217
PETITIONER
A.C. No. 15-08906-03508

v. No. 3 Mine

CIRCLE J. COAL COMPANY, INC.,
RESPONDENT

DECISION

Before: Judge Fauver

This case was set for hearing on December 4, 1985, pursuant to notice of hearing issued on September 18, 1985, under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. The notice of hearing required the parties to file prehearing statements not later than November 26, 1985.

Respondent did not file a prehearing statement. Because of this failure, Respondent was issued a Show Cause Order on November 29, 1985, giving Respondent 15 days to show cause why it should not be held in default and the proposed penalties be assessed without further proceedings herein. Respondent has not responded to the Show Cause Order.

ORDER

WHEREFORE IT IS ORDERED that:

1. The allegations of fact in Citation No. 2167760, June 4, 1984, Citation No. 2291403, June 4, 1984, and Citation No. 2291404, June 4, 1984, are deemed to be true and are hereby incorporated in FINDINGS OF FACT herein.

2. The allegations of violations in the above citations are deemed to be true and are hereby incorporated as CONCLUSIONS OF LAW herein.
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3. Respondent is ASSESSED the following civil penalties for the violations found herein:

CITATION NO. CIVIL PENALTY

2167760 $20
2291403 $46
2291404 $20

4. Respondent shall pay the above-assessed civil penalties in the total amount of $86 within 30 days of this Decision.

William Fauver
Administrative Law Judge