Ezel / Agency Decisions / penn-88-21-alj
FMSHRC ALJ decision Docket PENN 88-21 Decided May 17, 1988 Procedural Judge Avram Weisberger

Westrick Coal Company

Westrick Coal Company (FMSHRC PENN 88-21): Default order later vacated on review

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This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1988
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
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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

Westrick Coal Company failed to respond to a show-cause order in a civil penalty proceeding. Judge Avram Weisberger entered default, ordered Westrick to pay the assessed $482 penalty, and canceled the scheduled hearing. The Commission later vacated that default order and remanded the matter so the judge could consider Westrick's response. This ALJ ruling therefore does not represent the Commission's final disposition.

Decision snapshot

  • Governing provisions: None stated in the decision.
  • Outcome: Default was entered and a $482 civil penalty was ordered, but the Commission later vacated the order and remanded.
  • Key point: An ALJ default order may be displaced when the Commission requires consideration of a respondent's response.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTRICK COAL
DDATE:
19880517
TTEXT:

Page 2

~915
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. PENN 88-21
PETITIONER A.C. No. 36-07571-03515
v.
JPLMJ Strip Mine
WESTRICK COAL COMPANY,
RESPONDENT

                           ORDER OF DEFAULT

 On June 30, 1988, in response to Petitioner's Motion to

Dismiss Respondent's Notice of Contest, a Show Cause Order was
issued which ordered Respondent as follows: "Failure of
Respondent by July 11, 1988, to respond to the Prehearing Order
or show cause why it has not responded to the Prehearing Order
shall result in the Dismissal of Respondent's Notice of Contest,
and a default judgment will be entered in favor of the Solicitor
ordering the Respondent to pay the assessed penalties of $482.00.

 To date, Respondent has not responded to the Show Cause

Order. Accordingly, it is found that the Respondent is in
default, and it is ORDERED that a default judgment be entered in
favor of Petitioner. It is further ORDERED that Respondent,
within 30 days of this Order, pay the assessed penalty of $482.
It is further ORDERED that the Hearing in this matter, set for
July 26, 1988, be canceled.

                                    Avram Weisberger
                                    Administrative Law Judge

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