Ezel / Agency Decisions / PENN 87-11

Mears Enterprises, Inc. (ALJ decision, April 22, 1987)

Mears Enterprises, Inc. (FMSHRC PENN 87-11): Default order makes $3,500 penalty final

Decision type
ALJ decision
Docket
PENN 87-11
Decided
April 22, 1987
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 binding on the Commission in other cases. 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

Mears Enterprises failed to comply with a prehearing order in a civil penalty proceeding at the Bear Run No. 1 mine. Judge William Fauver issued a show-cause order, but Mears did not respond by the deadline. The Judge deemed the company in default, found that it waived its right to a hearing, made the Secretary's proposed penalties totaling $3,500 final, and ordered payment within 39 days.

Decision snapshot

  • Cited standard(s): None stated in this order.
  • Outcome: Default was entered, the proposed $3,500 penalty was made final, and payment was ordered within 39 days.
  • Key point: Failure to respond to a show-cause order can waive the right to a hearing and make proposed penalties final.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MEARS ENTERPRISES
DDATE:
198700422
TTEXT:

Page 2

~812

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 87-11
PETITIONER
A.C. No. 36-02628-03529

v. Bear Run #1

MEARS ENTERPRISES, INC.,
RESPONDENT

DECISION

Before: Judge Fauver

On March 27, 1987, because of Respondent's failure to comply with a prehearing order, a show cause order was issued allowing Respondent until April 9, 1987, to explain, in writing, why it should not be deemed to have waived its right to a hearing and the Secretary's proposed penalties should not become the final order of the Commission.

Respondent has failed to file a response to the show cause order, and is hereby deemed to be in default and to have waived its right to a hearing. The proposed civil penalties shall therefore be made the final order of the Commission.

WHEREFORE IT IS ORDERED that Respondent shall pay the Secretary's proposed civil penalties in the amount of $3,500.00 within 39 days of this decision.

William Fauver
Administrative Law Judge

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