Ezel / Agency Decisions / KENT 93-634

Broken Hill Mining Company, Inc. (ALJ decision, March 17, 1994)

Broken Hill Mining Company, Inc. (FMSHRC KENT 93-634 and consolidated dockets): Default decision entered with $1,829 penalty

Decision type
ALJ decision
Dockets
KENT 93-634, KENT 93-410, KENT 93-550, KENT 93-633
Decided
March 17, 1994
Presiding judge
Avram Weisberger
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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

Broken Hill Mining Company faced four consolidated civil penalty proceedings involving Mine Nos. 3 and 1. After the judge ordered the company to contact the Secretary about settlement, comply with the prehearing order, or show cause for its failure, the company did not comply. Judge Avram Weisberger entered a default decision in favor of the Secretary and ordered Broken Hill to pay $1,829 within 30 days.

Decision snapshot

  • Cited standards: None stated in the decision
  • Outcome: Default was entered in favor of the Secretary, and Broken Hill was ordered to pay a $1,829 civil penalty.
  • Key point: Failure to comply with a show-cause order in a civil penalty proceeding can result in default and assessment of the full amount sought.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BROKEN HILL MINING
DDATE:
19940317
TTEXT:

~565

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 93-410 Petitioner : A. C. No. 15-14959-03548
v. :
: Docket No. KENT 93-550
BROKEN HILL MINING COMPANY, INC., : A. C. No. 15-14959-03549 Respondent :
: Docket No. KENT 93-633
: A. C. No. 15-14959-03550
:
: Mine No. 3
:
: Docket No. KENT 93-634
: A. C. No. 15-15637-03547
:
: Mine No. 1

DEFAULT DECISION

Before: Judge Weisberger

On November 19, 1993, a Show Cause Order was issued which provided, inter alia as follows:

Therefore, it is ORDERED that by November 30, 1993, Respondent shall either contact Petitioner to discuss settlement and file a statement complying with the terms of the prehearing order, or show cause why it has not complied with the prehearing order. It is further ordered that if Respondent fails to comply with this order, a default decision will be entered ordering Respondent to pay the full assessed amounts in these cases.

To date Respondent has not complied with this order.
(Footnote 1)
___
1 On January 24, 1994, an Answers were received from Respondent, which had already been filed on July 28, 1993. These Answers do not comply with the show cause order.

~566
According, it is ordered that a default decision be entered in these cases in favor of the Secretary. It is further Ordered that Respondent pay a civil penalty of $1,829 within 30 days of this decision.

Avram Weisberger
Administrative Law Judge

Distribution:

Mary Sue Taylor, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

Mr. Hobart Anderson, President, Broken Hill Mining Company, P.O. Box 989, Ashland, KY 41105 (Certified Mail)

/efw

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