Secretary of Labor v. Mountain Stone Aggregate

Plain-English summary

Mountain Stone said MSHA mailed its proposed assessment to an address different from the current address shown on the company's official form. The Secretary could not confirm that the assessment was delivered to or received by the operator and did not oppose relief. The Commission held that the assessment was never served and therefore never became a final order. Because there was no final order to reopen, it found the motion moot. The case was remanded for further proceedings.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(a)
• Outcome: The reopening motion was moot, and the case was remanded because the assessment was never served.
• Key point: An assessment sent to an address inconsistent with the operator's current official record cannot become a final Commission order without service.

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 ADMINISTRATION (MSHA)
v.
MOUNTAIN STONE AGGREGATE |
|
|
Docket No. WEST 2025-0262 A.C. No. 45-03769-615562
|

BEFORE: Rajkovich, Chair; Jordan, Baker, and Marvit, 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. (20124) (“Mine Act”). On May 28, 2025, the Commission received from Mountain Stone Aggregate (“Mountain Stone”) a motion seeking to reopen a penalty assessment that had appeared to become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

Mountain Stone asserts that it never received the proposed assessment because it was delivered to the wrong address by the Mine Safety and Health Administration (“MSHA”). In support, it attaches a copy of its Form 2000-7 noting its current address, which is not the address to which the citations were sent.

The Secretary notes that records cannot confirm that MSHA’s mailed proposed assessment was delivered to and received by Mountain Stone. As such, she does not oppose Mountain Stone’s motion to reopen.

Having reviewed Mountain Stone’s request and the Secretary’s response, we conclude that
the proposed penalty assessment did not become a final order of the
Commission because it was never served on the operator. The Commission has held
that when an assessment is sent to the wrong address, it does not become a
final order, so a request to reopen it is moot. See Petra Materials, 32
FMSHRC 1113, 1116 (Sept. 2010); see also, e.g., American Sand Co. LLC,
42 FMSHRC 767 (Oct. 2020) (applying this principle to an order of default when
the Chief Judge’s order to show cause was sent to the wrong address). This
obviates any need to invoke Rule 60(b). Accordingly, the operator’s motion to
reopen is moot, and this case is remanded 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.

/s/
Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Chair

/s/ Mary Lu Jordan

Mary Lu Jordan, Commissioner

/s/ Timothy J.
Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z.
Marvit

Moshe Z. Marvit, Commissioner

Distribution:

Kim Redding, Consultant

N - Compliance Safety Services, Inc.

2949 S. Jiovanni Ave.

Meridian, ID 83642

[email protected]

Thomas A. Paige, Esq.

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

200 Constitution Avenue NW, Suite N4428

Washington, DC 20210

[email protected]

Melanie
Garris

US
Department of Labor/MSHA

Office of Assessments, Room N3454

200 Constitution Ave NW

Washington, DC 20210

[email protected]

Chief Administrative Law Judge Glynn F. Voisin

Office
of the Chief Administrative Law Judge

Federal Mine
Safety Health Review Commission

1331
Pennsylvania Avenue, NW Suite 520N

Washington,
DC 20004-1710

[email protected]