Ezel / Agency Decisions / PENN 85-299

Secretary of Labor v. Yeaney, Shields, Brick, Partners (ALJ decision, September 19, 1986)

Secretary of Labor v. Yeaney, Shields, Brick, Partners (FMSHRC PENN 85-299): $82 penalty entered on default

Decision type
ALJ decision
Docket
PENN 85-299
Decided
September 19, 1986
Presiding judge
James A. Broderick
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-19
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 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 1986
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

Yeaney, Shields, Brick, Partners did not comply with a prehearing order in an MSHA civil penalty case. Judge James A. Broderick gave the company extra time to respond to a show-cause order, but it did not respond. He found the company in default, imposed the proposed $82 in penalties, and ordered payment within 30 days. The released order does not identify the underlying violations or standards.

Decision snapshot

  • Cited standard: None identified in the released order.
  • Outcome: Default entered; $82 in proposed penalties imposed and payable within 30 days.
  • Key point: Failure to answer the judge's show-cause order led to a default order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. YEANEY, SHIELDS, BRICK, PARTNERS DDATE: 19860919 TTEXT:

~1388

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 85-299
PETITIONER
A.C. No. 36-06172-03501

v. Blackhawk Mine

YEANEY, SHIELDS, BRICK,
PARTNERS,
RESPONDENT

ORDER OF DEFAULT

Before: Judge Broderick

On August 25, 1986, I issued an order to Respondent to show cause on or before September 5, 1986 why it should not be held in default for failure to comply with my prehearing order issued on May 12, 1986. At the request of Respondent made in a telephone conversation on September 5, 1986, I extended the time to respond to the order to show cause to September 15, 1986. Respondent has not responded to the order to show cause.

Therefore, I find that Respondent is in DEFAULT. IT IS ORDERED that the penalties proposed in the Assessment Order attached as Exhibit A to the Petition in the total amount of $82 are imposed as the final order of the Commission. IT IS FURTHER ORDERED that Respondent shall pay such penalties in the amount of $82 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge

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