Rocky Hollow Coal Company, Inc. (Commission decision, September 16, 1994)

Plain-English summary

Rocky Hollow Coal Company asked the Commission to reopen uncontested civil penalty assessments that had become final orders after the company did not file a timely notice of contest. The Commission reopened the matter and remanded it to a judge to determine whether Rocky Hollow met the criteria for relief under Federal Rule of Civil Procedure 60(b). If relief is granted and a notice of contest is allowed, the case is to proceed under the Mine Act and the Commission's procedural rules.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(a)
• Outcome: The Commission granted the reopening request in part and remanded the matter for assignment to a judge.
• Key point: The Commission could not evaluate the merits on the existing record, so it remanded for a determination of excusable neglect or other Rule 60(b) relief.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STR EET N W, ~TH FLOOR
WASHINGTON, D.C. 20006

September 16, 1994

SECRETARY OF LABOR,
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MINE SAFETY AND HEALTH
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ADMINISTRATION (MSHA)
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V. Docket No. KENT 94-1051
. AC. # 15-17331-03510
ROCKY HOLLOW COAL COMPANY, INC. ;
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BEFORE: Jordan, Chairman; Doyle and Holen, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977,30 U.S.C. 0 801 et seq. (1988)(%line ActI’ or “AcP). On August 1, 1994, the Commission received from Rocky Hollow Coal Company, Inc. (“Rocky Hollowly) a request to reopen uncontested civil penalty assessments that had become final orders of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. 0 815(a).

Section 105(a) of the Mine Act requires the Secretary of Labor to notify the operator of “the civil penalty proposed to be assessedll after issuing a citation or order for an alleged violation. 30 U.S.C. 0 815(a). Section 105(a) allows the operator 30 days to contest a proposed penalty and further provides that, if the operator fails to contest it, the assessment @#shall be deemed a final order of the Commission and not subject to review by any court or agency.” && Rocky Hollow states that it failed to file with the Department of Labor’s Mine Safety and Health Administration (llMSHA1@) a “Green Card” notice of contest challenging MSHA’ s proposed civil penalties within the 30day period set forth in section 105(a), due to ‘@the press of business and management of other litigation11 in which its counsel was involved, and the misplacement of its file by its counsel, which resulted in the matter not appearing on counsel~s calendar. Rocky Hollow asks the Commission to reopen this matter so that it may file its notice of contest.

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Rocb Hollow failed to contest the proposed assessments within 30 days and, accordingly, they have become final orders of the Commission. The Commission has held that in appropriate circumstances and pursuant to Fed. R. Civ. P. 60(b) (“Rule 60(b)“), it possesses jurisdiction to reopen uncontested assessments that have become final under section 105(a). Jim Walter Resources. Irt~, 15 FMSHRC 782, 786-89 (May 1993); see also, Jim Walter Resources. Inc, 16 FMSHRC 1209, 1210 (June 1994). Rule 60(b) relief from a final order is available in circumstances such as a party’s mistake, inadvertence, or excusable neglect.

On the basis of the present record, we are unable to evaluate the merits of Rocky Hollow’s position. In the interest of justice, we reopen the matter and remand it for assignment to a judge to determine whether Rocky Hollow has met the criteria for relief under Rule 60(b). If the judge determines that relief under Rule 60(b) is appropriate .a.nd permits Rocky Hollow to file its notice of contest, this case shaLl proceed pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700.

For the foregoing reasons, Rocky Hollow #s request is granted in part and this matter is remanded for assignment.

Arlene Holen, Commissioner

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Distribution

3
i Christopher Thomas Ratliff, Esq.
P-0. Box 1306
Pikeville, KY 41532

C. Bryan Don, Chief
Civil Penalty Processin:; Unit
?2ine Safety d Health Administration
U.S. Department of Labor
4015 Wilson Blvd., Suite 930
Arlington, VA 22203 i1