Ezel / Agency Decisions / VA 85-14

Dorothy Mae Coal Co., Inc. (ALJ decision, May 30, 1986)

Dorothy Mae Coal Co., Inc. (FMSHRC VA 85-14 and VA 85-25): Default penalties assessed at $7,260

Decision type
ALJ decision
Dockets
VA 85-14, VA 85-25
Decided
May 30, 1986
Presiding judge
Roy J. Maurer
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-08-27
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 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 1986
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

Dorothy Mae Coal Co., Inc. failed to answer MSHA interrogatories after an order compelling responses. It also failed to explain the noncompliance or respond to the Secretary's motion for default judgment. Judge Roy J. Maurer deemed the company to have waived its right to a hearing and made the proposed civil penalties the final order of the Commission. The company was ordered to pay $7,260 within 30 days.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: Default was entered and the proposed $7,260 in civil penalties was made final.
  • Key point: Failure to comply with discovery orders and respond to a default motion can waive the right to a hearing and result in assessment of the proposed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. DOROTHY MAE COAL
DDATE:
19860530
TTEXT:

Page 2

~855

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 85-14
PETITIONER
A.C. No. 44-01904-03535

v. Docket No. VA 85-25
A.C. No. 44-01904-03540
DOROTHY MAE COAL CO., INC.,
RESPONDENT
No. 16 Mine

DEFAULT DECISION

Before: Judge Maurer

On May 12, 1986, a show cause order was issued in the subject proceedings giving respondent until ten (10) days thereafter to provide some explanation as to why it should not be defaulted for failing to comply with my April 9, 1986, order compelling answers to the petitioner's interrogatories.

Petitioner's interrogatories, which I find to be reasonable in number and in nature, were served upon the respondent on February 28, 1986. On March 28, 1986, petitioner moved for an order to compel answers. On April 9, 1986, I issued an order compelling answers to those interrogatories, which order directed respondent to serve responses "immediately" upon the petitioner. On April 22, 1986, petitioner still had no answers to his interrogatories and thus filed the instant motion for a default judgment.

Respondent, for its part, has failed to file either the answers to the interrogatories, an explanation for not filing those answers, or a response to the petitioner's motion for default judgment and is accordingly deemed to have waived its right to a hearing. The proposed civil penalties shall therefore be made the final order of the Commission.

WHEREFORE IT IS ORDERED that respondent pay the Secretary's proposed civil penalties in the amount of $7,260 within 30 days of this decision.

Roy J. Maurer
Administrative Law Judge

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