Paopa Coal Mining Company (ALJ decision, February 4, 1987)

Paopa Coal Mining Company (FMSHRC KENT 86-118): Citation affirmed by default with $650 penalty

Decision type

ALJ decision

Docket

KENT 86-118

Decided

February 4, 1987

Presiding judge

William Fauver

Outcome

Citations affirmed

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.

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

Paopa Coal Mining Company told the Secretary's counsel that it would not appear at the scheduled civil penalty hearing. Judge William Fauver treated that statement as a withdrawal and waiver of the company's hearing request. The allegations in Citation No. 2303103 were deemed true and incorporated as findings of fact and conclusions of law. The company was assessed a $650 civil penalty and ordered to pay it within 30 days.

Decision snapshot

Cited standards: None stated in the decision.
Outcome: The citation allegations were deemed true by default, a $650 civil penalty was assessed, and the hearing was cancelled.
Key point: A respondent's decision not to appear can be treated as a withdrawal and waiver of its hearing request.

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 86-118
PETITIONER
A.C. No. 15-15229-03503

v. Pa Pa Mine

PA-PA COAL MINING COMPANY,
RESPONDENT

DECISION
Before: Judge Fauver

By notice issued on December 19, 1986, this civil penalty case was set for hearing on February 10, 1987, at Huntington, West Virginia. Prehearing reports were due from the parties by January 27, 1987. Counsel for the Secretary of Labor submitted a prehearing report by telephone on January 23, 1987, reporting that Mr. Jack Owens, President of the Respondent, informed counsel for the Secretary that Respondent will not appear at the hearing on February 10, 1987. This statement in behalf of Respondent is deemed to be a withdrawal and waiver of Respondent's hearing request.

ORDER

1. The allegations in Petitioner's Citation No. 2303103 are deemed to be true and hereby incorporated as Findings of Fact and Conclusions of Law herein.

2. Respondent is ASSESSED a civil penalty of $650.00 for the violation alleged in Citation No. 2303103 and found herein.

3. Respondent shall pay the above civil penalty of $650.00 with 30 days of this Decision.

4. The hearing scheduled for February 10, 1987, is CANCELLED.

William Fauver
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

Checks the law as it stands today, not only this page
Cites every source it relies on, so you can verify it
Chat, drafting and research in one workspace