Ezel / Agency Decisions / KENT 85-202

Mountaineer Coal Company (ALJ decision, February 5, 1987)

Mountaineer Coal Company (FMSHRC KENT 85-202): Failure to respond made proposed penalties final

Decision type
ALJ decision
Docket
KENT 85-202
Decided
February 5, 1987
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds 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.
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

Mountaineer Coal failed to comply with a prehearing order in a civil penalty proceeding. Judge William Fauver gave the company until February 3, 1987, to explain why it should not lose its right to a hearing and why the Secretary's proposed penalties should not become final. The company did not respond, so it was deemed to have waived a hearing. The proposed civil penalties, totaling $624, were made the final order of the Commission and were due within 30 days.

Decision snapshot

  • Cited standards: No Mine Act or regulatory standard is cited in this procedural order.
  • Outcome: The respondent waived its right to a hearing by failing to answer the show cause order, and $624 in proposed civil penalties became the final order of the Commission.
  • Key point: Failure to respond to a show cause order can result in waiver of a hearing and entry of the proposed penalties as final.

Full text (FMSHRC public release)

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 85-202
PETITIONER
A.C. No. 15-15192-03501

v. No. 1 Mine

MOUNTAINEER COAL COMPANY,
RESPONDENT
DECISION

Before: Judge Fauver

On January 14, 1986, because of Respondent's failure to comply with a prehearing order, a show cause order was issued allowing Respondent until February 3, 1987, to explain, in writing, why (1) it should not be deemed to have waived its right to a hearing, and (2) the Secretary's proposed penalties should not become the final order of the Commission.

Respondent has failed to file a response to the show cause order, and is hereby deemed to have waived its right to a hearing. The proposed civil penalties shall therefore be made the final order of the Commission.

WHEREFORE IT IS ORDERED that Respondent shall pay the Secretary's proposed civil penalties in the amount of $624.00 within 30 days of this decision.

William Fauver
Administrative Law Judge

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