Super Block Coal Corporation

Plain-English summary

Super Block Coal Corporation was scheduled for a civil-penalty hearing in Evansville, Indiana, concerning the Hunley Creek mine. The company's representative, Larry Wallace, did not appear, and the mine superintendent later said he could not attend because no one was available to supervise the workers. Judge George A. Koutras ordered the respondent to show cause why it should not be declared in default and ordered to pay the proposed $20 penalty. The respondent was given ten days after receiving the order to respond.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 2700.63, the Commission rule cited for a possible summary decision and order after default.
• Outcome: The respondent was ordered to show cause why it should not be declared in default and assessed the proposed $20 civil penalty.
• Key point: A party that does not appear at a noticed hearing must explain the absence or risk a default order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SUPER BLOCK COAL
DDATE:
19890314
TTEXT:

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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. LAKE 88-79
PETITIONER A.C. No. 12-01986-03504

      v.                           Hunley Creek

SUPER BLOCK COAL CORPORATION,
RESPONDENT

                 ORDER TO SHOW CAUSE

 This case was scheduled for hearing in Evansville, Indiana,

on March 9, 1989. A Notice of Hearing was served on the parties
informing them of the hearing date and location, and the returned
postal service certified mailing receipt reflects that it was
received by the respondent's representative of record, Mr. Larry
Wallace, President, Super Block Coal Corporation, on November 19,
1988. An Amended Notice of Hearing advising the parties of the
hearing date and location in Evansville, was issued on February
23, 1989, and Mr. Wallace received this notice by certified mail
on February 27, 1989.

 When the case was called for hearing in Evansville, at 9:30

a.m., on Thursday, March 9, 1989, Mr. Wallace failed to appear,
and the hearing proceeded without him, and the petitioner
presented evidence in support of the citation in issue and the
proposed civil penalty assessment of $20 for the violation noted
in the citation. After the hearing had begun, I received a
telephone message from a Mr. Danny Jasper, who identified himself
as the mine superintendent, and he informed the individual taking
the message that he was unable to attend the hearing. Upon return
to my office after the close of the record, I found a telephone
message from Mr. Jasper who had called my secretary in Falls
Church, Virginia, on the day of the hearing, to advise her that
he was unable to attend the hearing because "no one was at the
mine to supervise the men." Mr. Jasper had not previously entered
any appearance in this matter, and no further communication has
been received from Mr. Wallace.

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Since Mr. Wallace is the respondent's representative of record,
it was incumbent on him to timely notify me of his intention not
to appear at the hearing. Under the circumstances, and in view of
the failure by the respondent to appear at the scheduled hearing,
or to otherwise notify me that it did not intend to appear, the
respondent (Larry Wallace) IS ORDERED TO SHOW CAUSE, and to
explain, why it should not be declared in default and a summary
decision and order entered pursuant to Commission Rule 63, 29
C.F.R. 2700.63, assessing the proposed civil penalty of $20 as
final, and directing that such payment be made. The respondent is
FURTHER ORDERED to file its response within ten (10) days of the
receipt of this Show Cause Order.

                              George A. Koutras
                              Administrative Law Judge