Ezel / Agency Decisions / KENT 84-92

Secretary of Labor v. South Hopkins Coal Company (ALJ decision, October 9, 1984)

Secretary of Labor v. South Hopkins Coal Company (FMSHRC KENT 84-92): Two citations affirmed after missed hearing

Decision type
ALJ decision
Docket
KENT 84-92
Decided
October 9, 1984
Presiding judge
Charles C. Moore, Jr.
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-20
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

South Hopkins Coal Company did not appear at a scheduled hearing on two mine safety citations, although the judge had proof that it received the hearing notice. Judge Charles C. Moore declared the company in default and received no later response from it. He affirmed both citations and assessed a $242 civil penalty, payable within 30 days. He also ordered the company to explain within 30 days why it had not warned him, government counsel, or the inspector that it would miss the hearing. The decision does not identify the cited safety standards.

Decision snapshot

  • Cited standards: The decision does not identify them.
  • Outcome: Both citations affirmed by default; $242 penalty assessed.
  • Key point: The company's failure to attend the noticed hearing led to the default ruling.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041 OCT 9 1984

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No: KENT 84-92
Petitioner : A/O No: 15-02162-03513
:
v. : South Hopkins No. 2
:
:
SOUTH HOPKINS COAL COMPANY,
:
Respondent
:

DEFAULT DECISION
Appearances: Carole M. Fernandez, Esq., Office of the Solicitor, U.S. Department of Labor, for Petitioner

Before: Judge Moore
The above case was scheduled for hearing on September 5, 1984 at 10:00 A.M. in the Hopkins County Courthouse in Madisonville, Kentucky. At 10:30 A.M. I made the following statement:
"It is now 10:30 A.M. and respondent is not present. My office has proof of service of the Notice of Hearing and site notice. I hereby declare respondent in default and will issue a formal order when I return to my office."
As of the date of this decision being issued I have still not heard from respondent. I hereby confirm my oral ruling that'respondent is in default, AFFIRM the two citations involved and assess a penalty of $242 against respondent.
Respondent is accordingly ORDERED to pay to MSHA, within 30 days, a civil penalty in the amount of $242.
Respondent is further ORDERED to inform me, within 30 days, why it did not let me, the government's counsel, or the inspector know that it did not intend to appear at the hearing.

Charles C. Moore, Jr.
Administrative Law Judge

2424

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