Ezel / Agency Decisions / KENT 85-82

Joline, Inc. (ALJ decision, June 2, 1986)

Joline, Inc. (FMSHRC KENT 85-82): $654 in penalties assessed by default

Decision type
ALJ decision
Docket
KENT 85-82
Decided
June 2, 1986
Presiding judge
Joseph B. Kennedy
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 1986 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 1986
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.
Read the official release (fmshrc.gov)

Plain-English summary

Joline, Inc. did not comply with a pretrial order or respond to a later order to show cause in a civil-penalty case. Judge Joseph B. Kennedy declared the company in default. He assessed the proposed penalties as final and ordered Joline to pay $654 by June 20, 1986. The short public order does not identify the citations or the underlying standards. It gives no merits analysis of the alleged violations.

Decision snapshot

  • Cited standards: The public order does not identify them.
  • Outcome: Default entered and $654 in proposed penalties assessed as final.
  • Key point: Failure to comply with the pretrial and show-cause orders resulted in default.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JOLINE
DDATE:
19860602
TTEXT:
~911

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 85-82
PETITIONER
A.C. No. 15-14382-03510

v. No. 3 Mine

JOLINE, INC.,
RESPONDENT

ORDER OF DEFAULT

The operator having failed to comply with the Pretrial Order or to respond to the Order to Show Cause of May 6, 1986, it is ORDERED that the operator be, and hereby is, deemed in DEFAULT.
It is FURTHER ORDERED that pursuant to Rule 63(b) the proposed
penalties are assessed as final and the operator directed to pay
said penalties in the amount of $654 on or before Friday, June
20, 1986.

Joseph B. Kennedy
Administrative Law Judge

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