Ezel / Agency Decisions / lake-92-342-alj
FMSHRC ALJ decision Docket LAKE 92-342, LAKE 92-343, LAKE 92-344 Decided May 17, 1993 Citations affirmed Judge Avram Weisberger

Wallace Enterprises, Inc.

Wallace Enterprises, Inc. (FMSHRC LAKE 92-342, LAKE 92-343, and LAKE 92-344): Default judgment entered for $1,540

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This order from 1993 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 1993
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

Wallace Enterprises did not appear at the hearing in three civil penalty proceedings involving its Middle Fork Mine. The company also did not respond to the judge's order to show cause why a default decision should not be entered. Judge Avram Weisberger granted the Secretary's motion for default decision and ordered Wallace Enterprises to pay the full proposed penalties totaling $1,540. The decision does not identify the underlying safety standards in its text.

Decision snapshot

  • Cited standards: None identified in the decision text.
  • Outcome: Default judgment was entered for the Secretary, and Wallace Enterprises was ordered to pay $1,540.
  • Key point: Failure to appear and failure to answer an order to show cause can result in default judgment for the full proposed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WALLACE ENTERPRISES, INC.
DDATE:
19930517
TTEXT:

Page 2

~902

      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. LAKE 92-342
Petitioner : A.C. No. 12-02090-03502
:
v. : Docket No. LAKE 92-343
: A.C. No. 12-02090-03503
WALLACE ENTERPRISES, INC., :
Respondent : Docket No. LAKE 92-344
: A.C. No. 12-02090-03504
:
: Middle Fork Mine

                          DECISION

Appearances: Rafael Alvarez, Esq., U.S. Department of Labor,
Office of the Solicitor; U.S. Department of Labor,
Chicago, Illinois for Petitioner;
No Appearance for Respondent.

Before: Judge Weisberger

 Respondent did not appear at the hearing in these cases that

was scheduled for March 16, 1993, and Petitioner made a Motion
for Default Decision on March 20, 1993. An Order to Show Cause
was issued which inter alia provided as follows:

        Therefore, it is ORDERED that within 10 days of
   this order, Respondent shall, in writing, show cause
   why a default decision shall not be entered in these
   cases. If the Respondent does not respond to this
   order, or fails to establish why a default decision
   shall not be issued, a decision will be issued ordering
   Respondent to pay $1,540 the full penalties proposed by
   Petitioner in these cases.

 Respondent has not responded to the order to show cause.

Accordingly, the Motion for Default Decision is GRANTED.

 It is ORDERED that the judgment be issued in these cases in

favor of Petitioner. It is further ORDERED that Respondent pay
$1,540 the full penalties proposed by Petitioner in these cases.

                               Avram Weisberger
                               Administrative Law Judge

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~903
Distribution:

Rafael Alvarez, Esq., Office of the Solicitor, U. S. Department
of Labor, 230 S. Dearborn Street, 8th Floor, Chicago, IL 60604
(Certified Mail)

Mr. Larry Wallace, President, P.O. Box 141, Rockport, IN 47635
(Certified Mail) (Regular Mail)

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