Ezel / Agency Decisions / KENT 89-117

Brush Creek Coal Inc. (ALJ decision, February 7, 1990)

Brush Creek Coal Inc. (FMSHRC KENT 89-117): Default entered and $90 penalty ordered

Decision type
ALJ decision
Docket
KENT 89-117
Decided
February 7, 1990
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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.
Read the official release (fmshrc.gov)

Plain-English summary

Brush Creek Coal did not appear through a representative at a scheduled January 17, 1990 hearing in Johnson City, Tennessee. Judge Gary Melick issued an order to show cause giving the company until February 1 to explain its absence, but the company filed no response. The judge therefore found Brush Creek in default and ordered it to pay a $90 civil penalty within 30 days. The short decision does not identify the underlying citation or safety standard.

Decision snapshot

  • Cited standard(s): None stated in this decision.
  • Outcome: Brush Creek was found in default and ordered to pay a $90 civil penalty within 30 days.
  • Key point: Failure to appear and failure to respond to an order to show cause resulted in default and a penalty order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BRUSH CREEK COAL
DDATE:
19900207
TTEXT:

Page 2

~214
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 89-117
PETITIONER
A.C. No. 15-11018-03530

v. Mine No. 1

BRUSH CREEK COAL INC.,
RESPONDENT

DECISION

Appearance: G. Elaine Smith, U.S. Department of Labor, Office of the Solicitor, Nashville, Tennessee, for Petitioner;
No appearance on behalf of Brush Creek Coal, Inc.

Before: Judge Melick

At hearings scheduled to commence on January 17, 1990 at 2:00 p.m., in Johnson City, Tennessee no representative of the Respondent appeared.

Thereafter on Janaury 22, 1990 an Order to Show Cause was issued to provide Respondent an opportunity until February 1, 1990 to explain its failure to send a representative to appear at the scheduled hearings. To date no response to the show cause order has been filed.

Accordingly the Respondent is in default.

ORDER

Brush Creek Coal, Inc., is directed to pay civil penalties of $90 within 30 days of the date of this decision.

Gary Melick
Administrative Law Judge
(703) 756-6261

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