Secretary of Labor v. Fife Rock Products Company, Inc. (ALJ decision, September 15, 1986)

Plain-English summary

Fife Rock Products did not appear for a hearing on an MSHA citation. Judge John J. Morris found the company in default and affirmed Citation 2360673 with the proposed $600 penalty. The Commission later reviewed the default, and the judge issued a separate decision after remand. This document records the earlier default order, not the later merits decision or its penalty.

Decision snapshot

• Cited standard: 30 C.F.R. § 56.15007
• Outcome: Default entered; Citation 2360673 and proposed $600 penalty affirmed in this order.
• Key point: The judge entered default when the company failed to appear for its scheduled hearing.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. FIFE ROCK PRODUCTS
DDATE:
19860915
TTEXT:

~1362

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 85-141-M
PETITIONER
A.C. No. 42-00377-05502

v. Fife Brigham Pit

FIFE ROCK PRODUCTS COMPANY,
INC.,
RESPONDENT

DECISION

Appearances: Margaret A. Miller, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner.

Before: Judge Morris

This is a civil penalty proceeding initiated by petitioner against respondent in accordance with the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The civil penalty sought here is for the violation of 30 C.F.R. 56.15Ô7, a mandatory standard promulgated pursuant to the Act.

After notice to the parties, a hearing was scheduled in Salt Lake City, Utah on August 12, 1986. The petitioner appeared but respondent failed to appear.

Pursuant to Commission Rule 63(b), 29 C.F.R. 2700.63(b), respondent was found to be in default.

Accordingly, I enter the following:

ORDER

Citation 2360673 and the proposed civil penalty of $600 are affirmed.

John J. Morris
Administrative Law Judge