Secretary of Labor (MSHA) v. Richard Klippstein and W. O. Pickett, Jr. (Commission decision, July 6, 1982)

Plain-English summary

Richard Klippstein, representing himself, asked the Commission to review an administrative law judge's default judgment. The Commission found that the judge had a sound basis under its rules to enter default. It nevertheless granted review because Klippstein had raised a jurisdiction question the judge had not heard and was acting without counsel. The Commission vacated the default and sent the case back, while warning him to follow future instructions and procedural rules. This order did not decide the jurisdiction question or the underlying claim.

Decision snapshot

• Governing provisions: 30 U.S.C. § 823 and 29 C.F.R. §§ 2700.63, 2700.28, and 2700.7(b), review and default procedures cited in the order.
• Outcome: Review granted; default vacated; case remanded.
• Key point: The Commission allowed a self-represented respondent to present an unaddressed jurisdiction question despite a procedurally supported default.

Full text (FMSHRC public release)

CCASE:
MSHA V. R. KLIPPSTEIN & W. O. PICKETT, JR. DDATE: 19820706 TTEXT: FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. July 6, 1982 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

v. Docket No. WEST 81-383

RICHARD KLIPPSTEIN and
W. 0. PICKETT, JR.

DIRECTION FOR REVIEW AND ORDER
Respondent, who is pro se, has petitioned for review under the provisions of section 113 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $ 823, claiming that the administrative law judge erred in defaulting him. Upon reviewing the entire record in this matter, we find that under our rules of procedure the administrative law judge had a sound basis for entering the default judgment. 29 C.F.R. $ 2700.63, 2700.28 and 2700.7(b). However, because respondent is not represented by counsel, and because his petition presents a question of jurisdiction under the Act that has not been presented to the judge below, equitable application of our rules and the Act in this case persuades us to afford the respondent opportunity to be heard on his claim. It is expected, however, that from here on the respondent will follow closely the instructions of the judge and the Commission's rules of procedure. A copy of these rules is enclosed. Accordingly, the petition for review received from respondent Klippstein is granted. The default judgment is vacated and the case is remanded for further proceedings.
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Distribution
Richard M. Klippstein
c/o Power Controllers, Inc.
P.0. Box 466
Rifle, Colorado 81650
Michael McCord, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Chief Administrative Law Judge Paul Merlin Fed. Mine Safety & Health Rev. Commission 1730 K Street, N.W. Washington, D.C. 20006