Ezel / Agency Decisions / WEST 92-318-M

Eastside Rock Products (ALJ decision, September 30, 1994)

Eastside Rock Products (FMSHRC WEST 92-318-M): Default ordered with $406 penalty

Decision type
ALJ decision
Docket
WEST 92-318-M
Decided
September 30, 1994
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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 ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. 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

Eastside Rock Products did not answer the civil penalty petition after receiving orders directing it to respond. The ALJ found that the operator had received the orders and had not submitted an answer. The operator was held in default and ordered to pay $406 immediately.

Decision snapshot

  • Cited standard(s): None stated in this order.
  • Outcome: Eastside Rock Products was held in default and ordered to pay $406.
  • Key point: Failure to answer the penalty petition after notice resulted in default.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. EASTSIDE ROCK
DDATE:
19940930
TTEXT:

Page 2

~2022

SECRETARY OF LABOR
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) : Docket No. WEST 92-318-M Petitioner : A. C. No. 45-00087-05531 :
v. :
: Sunset Quarry
EASTSIDE ROCK PRODUCTS, :
Respondent :

ORDER OF DEFAULT

Before: Judge Merlin

This case is before me pursuant to Order of the Commission dated February 23, 1994.

On March 8, 1994, I issued an order vacating the order of dismissal previously entered and reinstating this case. Upon a motion from the Secretary I determined that this matter had been dismissed in error because the penalty assessment did not involve excessive history.

The March 8 order also directed the operator to file an answer to the penalty petition a copy of which was enclosed with the order. The operator had not submitted an answer at the time of the erroneous dismissal. The file contains the return receipt showing that the operator received the March 8 order on March 11, 1994. On June 3, 1994, a show cause order was issued directing the operator to file an answer. The operator was advised that failure to file an answer will result in the operator being placed in default. To date no answer has been received.

In light of the foregoing, it is ORDERED that the operator be held in DEFAULT and the operator is ORDERED TO PAY $406 immediately.

Paul Merlin
Chief Administrative Law Judge
Distribution: (Certified Mail)

Robert A. Friel, Associate Regional Solicitor, Rochelle Kleinber- g, Esq., Office of the Solicitor, U. S. Department of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101

Mr. Richard Schroeder, Owner, Eastside Rock Products, P. O. Box 1324, Issaquah, WA 98027

/gl

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