Secretary of Labor v. Blackjewel, LLC (ALJ decision, August 30, 2019)

Plain-English summary

This case involved seven alleged violations at Blackjewel's P-7 Pigeon Creek mine and proposed penalties totaling $2,170. Blackjewel's counsel stated that, because of pending bankruptcy proceedings, the company did not expect to respond to administrative orders. After Blackjewel failed to answer an order to show cause, Judge Priscilla M. Rae entered default and ordered payment of the full $2,170.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(d)
• Outcome: Blackjewel was found in default and ordered to pay $2,170 for seven violations.
• Key point: Failure to respond to a show-cause order permits default and summary disposition under Commission procedure.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

OFFICE OF
ADMINISTRATIVE LAW JUDGES

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

WASHINGTON, DC
20004-1710

TELEPHONE: 202-434-9950
/ FAX: 202-434-9949

August 30, 2019

SECRETARY
OF LABOR

MINE
SAFETY AND HEALTH     

ADMINISTRATION
(MSHA),

Petitioner,

v.

BLACKJEWEL
LLC,

Respondent.

CIVIL
PENALTY PROCEEDINGS

Docket
No. VA 2019-0132

A.C.
No. 44-03088-492659

Mine:
P-7 Pigeon Creek

ORDER OF DEFAULT
AND ORDER TO PAY

This case is before me upon a petition
for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d).

This docket involves 7 alleged
violations and total proposed penalties of $2,170.00. On August 14, 2019, I issued an Order to Show Cause directing Respondent to explain why an order of default should not be issued against it given its stated posture of not responding to any administrative orders from this office. During a conference call with the parties on August 13, 2019, Respondent’s counsel relayed that in light of pending bankruptcy proceedings, Respondent would expect the court to issue an order of default based upon its failure to respond to a show cause order. Respondent failed to show cause by the deadline of August 28, 2019.

Respondent has failed to comply with my Order
to Show Cause. The Commission’s procedural rules permit a finding of default and summary disposition of a case after issuance of a show cause order when a party has failed to comply with a judge’s orders. 29 C.F.R. § 2700.66.

WHEREFORE , I find
Respondent to be IN DEFAULT .

Respondent is hereby ORDERED to
pay a total penalty of $2,170.00 within thirty (30) days of the date of this Order. [1]

/s/ Priscilla M. Rae

Priscilla M. Rae

Administrative Law Judge

Distribution (Electronic Mail &
U.S. Certified Mail, Return Receipt Requested):

David
A. Steffey, CLR, U.S. Department of Labor, MSHA, P.O. Box 560, Norton, VA 24273

Joseph
Jacobs, Blackjewel, LLC, P.O. Box 249, Stanville, KY 41659

Peter
S. Gould, Squire Patton Boggs (US) LLP, 1801 California Street, Suite 4900, Denver, Colorado 80202

Stephen
D. Lerner, Squire Patton Boggs (US) LLP, 1801 California Street, Suite 4900, Denver, Colorado 80202

/smp

[1] Checks or money
orders should be sent to: Mine Safety & Health Administration, U.S. Department of Labor, P.O. Box 790390, St. Louis, MO 63179-0390.