Secretary of Labor v. Fair Chance Mines, Inc. (ALJ decision, February 15, 1985)

Plain-English summary

Fair Chance Mines did not appear at its scheduled civil penalty hearing. Judge John A. Carlson allowed the Secretary to present an inspector's testimony and photographs, then sent the operator an order giving it a chance to explain its absence. The response period passed without a filing. The judge found Fair Chance in default, stated that the alleged violations and proposed penalties had been proved at the hearing, and ordered immediate payment of $424 across four citations. The decision does not identify the cited safety standards or describe the individual conditions.

Decision snapshot

• Cited standard(s): None identified in this decision.
• Outcome: Four alleged violations upheld on default; $424 in penalties ordered payable immediately.
• Key point: The operator neither attended the hearing nor answered the judge's later show-cause order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. FAIR CHANCE MINES
DDATE:
19850215
TTEXT:
~243
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. WEST 82-204-M
PETITIONER
A.C. No. 05-03657-05501

v. Fair Chance Mine

FAIR CHANCE MINES, INC.,
RESPONDENT

DECISION

Appearances: Robert J. Lesnick, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
No appearance for Respondent.

Before: Judge Carlson

Pursuant to notice, a hearing on the merits in this civil penalty proceeding was convened at 10:00 a.m. on January 11, 1985 at the Commission's hearing room in Denver, Colorado. No appearance was made by or on behalf of the respondent mine operator. At 10:33 a.m., counsel for the Secretary of Labor was permitted to present his case through the testimony of the mine inspector and introduction of photographic exhibits. At the close of his case, the Secretary's counsel moved for the entry of a judgment by default. The motion was taken under advisement.

By order issued and mailed on January 11, 1985, respondent's representative was notified that a decision affirming the violations alleged and assessing the proposed civil penalties would be entered by default unless respondent showed good cause for its failure to appear. The time for response has now expired, and nothing has been filed.

ORDER

Accordingly, respondent is declared to be in default for failure to appear. The alleged violations and appropriateness of the proposed penalties having been proved in open hearing, ~244 respondent is hereby ORDERED to pay the following civil penalties immediately: for Citation 334930, $112.00; for Citation 334933, $20.00; for Citation 2009704, $122.00; for Citation 2009706, $170.00.

SO ORDERED.

John A. Carlson
Administrative Law Judge