CCC Group, Inc. (Commission decision, December 8, 2008)

Plain-English summary

CCC Group told the Commission that MSHA was incorrectly treating its penalty contest as late. The matter was initially docketed as a reopening request. The Secretary then acknowledged that MSHA had erred and confirmed that CCC's contest was timely. Because the proposed assessment never became a final Commission order, there was nothing to reopen. The Commission dismissed the docket, and the Secretary stated that a penalty petition would be filed within 45 days.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: The reopening docket was dismissed after the contest was confirmed timely.
• Key point: A timely penalty contest prevents the assessment from becoming final, so reopening relief is unnecessary.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

December 8, 2008

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

CCC GROUP, INC.

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Docket No. SE 2009-61-M
A.C. No. 08-00768-154205 B96

BEFORE: Duffy, Chairman; Jordan, Young, and Cohen, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2000) (“Mine Act”). On September 17, 2008, the Commission received from CCC Group, Inc. (“CCC”) a letter maintaining that it had filed a timely contest of a proposed penalty assessment that the Department of Labor’s Mine Safety and Health Administration (“MSHA”) was treating as untimely. Under section 105(a) of the Mine Act, an operator who wishes to contest a proposed penalty must notify the Secretary of Labor no later than 30 days after receiving the proposed penalty assessment. If the operator fails to notify the Secretary, the proposed penalty assessment is deemed a final order of the Commission. 30 U.S.C. § 815(a).

CCC’s letter was originally docketed here as a motion to reopen, but the Secretary of Labor submitted a response to CCC’s letter stating that MSHA had erred in taking its original position, that CCC’s contest was in fact timely filed, and that the Secretary will file a petition for assessment of penalty petition with the Commission and CCC within 45 days. Having reviewed CCC’s letter and the Secretary’s response, we conclude that the proposed assessment at issue has not become a final order of the Commission because CCC timely contested it. Consequently, this docket is dismissed.

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Michael F. Duffy, Chairman

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Mary Lu Jordan, Commissioner

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Michael G. Young, Commissioner

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Robert F. Cohen, Jr., Commissioner

Distribution:

Gary Klatt, CSP

CCC Group, Inc.

5797 Dietrich Rd.

San Antonio, TX 78219

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Myra James, Chief

Office of Civil Penalty Compliance

MSHA

U.S. Department of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021