Secretary of Labor v. Sikes Concrete, Inc. (Commission decision, May 7, 2021)

Plain-English summary

Sikes Concrete asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the motion. The order does not describe the facts that caused the missed contest or explain the basis for relief. The Commission reopened the matter and remanded it to the Chief Administrative Law Judge, with a penalty petition due within 45 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 813(a), as printed in the order
• Outcome: The assessment was reopened and remanded, with a penalty petition due within 45 days.
• Key point: The Commission granted the operator's unopposed reopening request without stating the underlying reason.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND
HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON, DC
20004-1710

SECRETARY
OF LABOR,                  :

MINE SAFETY AND HEALTH                  :           Docket No. SE 2021-0011

ADMINISTRATION
(MSHA)                     :           A.C. No. 08-01429-519727

:

:

:

:

v.                                 :

:

:

:

SIKES CONCRETE, INC.                             :

:

BEFORE:        Traynor, Chair; Althen and Rajkovich, 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.
(2012) (“Mine Act”). The Commission
has received a motion from
the operator seeking to reopen a penalty assessment which had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 813(a). The Secretary states that he does not oppose the motion.

Having reviewed
movant’s unopposed motion to reopen, we reopen this matter and remand it to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700. Consistent with Rule 28, the Secretary shall file a petition for assessment of penalty within 45 days of the date of this

order. See
29 C.F.R. § 2700.28.

/s/ Arthur R. Traynor, III

Arthur R. Traynor, III, Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

Distribution
(e-mail):

Barry
K. Curry

CFO,
Sikes Concrete, Inc.

8030 Hwy 77

Southport
FL, 32409-2674

[email protected]

Kristin
R. Murphy, Esq.

Office
of the Solicitor

U.S.
Department of Labor

61 Forsyth
Street, Room 7T10

Atlanta,
GA
30303

[email protected]

Archith
Ramkumar, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201 12th Street South, Suite 401

Arlington,
VA
22202

[email protected]

April
Nelson, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201 12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

Chief
Administrative Law Judge Glynn Voisin

Federal
Mine Safety & Health Review Commission

Office
of the Chief Administrative
Law Judge

1331 Pennsylvania Avenue, NW,
Suite 520N

Washington,
DC 20004-1710

[email protected]

Melanie
Garris

Office
of Civil Penalty Compliance

Mine Safety and Health Administration

201 12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]