Ezel / Agency Decisions / SE 93-262

JEN, Inc. (ALJ decision, March 22, 1995)

JEN, Inc. (FMSHRC SE 93-262 and consolidated dockets): Default order requiring payment of civil penalties

Decision type
ALJ decision
Dockets
SE 93-262, SE 93-263, SE 93-288, SE 93-313, SE 93-329, SE 93-330, SE 93-331, SE 93-332, SE 93-346
Decided
March 22, 1995
Presiding judge
Roy J. Maurer
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1995 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 1995
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

JEN, Inc. failed to answer the Secretary of Labor's civil penalty petitions in nine consolidated proceedings. The judge and the Commission gave the operator repeated opportunities to respond to orders to show cause, including after the Commission reopened and remanded the proceedings in the interest of justice. JEN did not respond to the final show-cause order. The judge therefore held JEN in default and ordered payment of the total assessed civil penalties, $37,832, immediately.

Decision snapshot

  • Cited standard(s): None stated in the decision
  • Outcome: JEN, Inc. was held in default and ordered to pay $37,832 in assessed civil penalties immediately.
  • Key point: Repeated failure to answer penalty petitions and show-cause orders resulted in a default order after the proceedings were reopened and remanded.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

March 22, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA) : Docket No. SE 93-262
Petitioner : A. C. No. 40-02804-03608
v. :
: Docket No. SE 93-263
JEN, INC., : A. C. No. 40-02804-03607
Respondent
:
: Docket No. SE 93-288
: A. C. No. 40-02804-03610
:
: Docket No. SE 93-313
: A. C. No. 40-02804-03609
:
: Docket No. SE 93-329
: A. C. No. 40-02804-03611
:
: Docket No. SE 93-330
: A. C. No. 40-02804-03612
:
: Docket No. SE 93-331
: A. C. No. 40-02804-03613
:
: Docket No. SE 93-332
: A. C. No. 40-02804-03614
:
: Docket No. SE 93-346
: A. C. No. 40-02804-03615
:
: Mine No. 39

ORDER OF DEFAULT

On June 1 and June 28, 1993, the Secretary of Labor (Secretary) filed petitions for the assessment of civil penalties against JEN, Incorporated (JEN) in the above captioned cases. On August 20 and September 15, 1993, orders to show cause were

issued by Judge Merlin directing the operator, JEN, to file its answers to these penalty petitions or show cause why it should not be held in default. The files contain the return receipts showing that JEN received these orders on August 23 and

Page 2

September 20, 1993. No answers were filed.

On March 8, 1994, Judge Merlin issued yet another order to show cause, allowing JEN a further opportunity to file answers in the captioned cases or show cause why it should not be held in default. No answers were filed by JEN nor did it file any response to the March 8, 1994 order. The file contains the return receipt showing that JEN received the March 8 order on March 12, 1994.

In light of the foregoing, on May 9, 1994, Judge Merlin issued an order of default in the captioned cases and ordered the assessed civil penalties paid immediately.

There the matter stood until October 7, 1994, when the Commission received a letter from JEN's president, Mr. James Nunley, in which he requested relief from the default order, for no particular reason that I am able to discern.

Nevertheless, the Commission on December 19, 1994, "in the interest of justice," reopened these proceedings and remanded the matter to Judge Merlin for assignment to a judge, who should in turn determine whether final relief from default is warranted.

On January 12, 1995, the undersigned issued an order to JEN wherein JEN was "ordered to show cause within 30 days why final relief from default is warranted." I specifically warned that "[i]f it is unable to do so, another default order will issue against JEN for the total amount of the assessed civil penalties, as before." The file contains the return receipt showing that JEN received the January 12 order on January 17, 1995. There has been no response to date.

Page 3

Accordingly, it is ORDERED that the operator be held in DEFAULT in the captioned cases and it is further ORDERED that the operator pay the total assessed civil penalties in these cases, i.e., $37,832, immediately.

Roy J. Maurer
Administrative Law Judge

Distribution:

Donna Sonner, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B201, Nashville, TN 37215 (Certified Mail)

Mr. James E. Nunley, President, JEN, Inc., P. O. Box 328, Whitwell, TN 37397 (Certified Mail)

dcp

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