Secretary of Labor v. Sigler Mining (ALJ decision, November 5, 1980)

Plain-English summary

Sigler Mining did not file an answer meeting the Commission's procedural requirements after receiving a proposed civil penalty assessment. Judge Joseph B. Kennedy issued a show-cause order, then found the company's response inadequate and declared it in default. He assessed the proposed $1,174 penalty and ordered payment by November 24, 1980. The Commission later held that Sigler's response raised its ability to pay and vacated this default order, returning the case for further proceedings.

Decision snapshot

• Cited standards: No specific mine safety standard is identified in this order.
• Outcome: $1,174 default penalty assessed; the Commission later vacated the order and remanded.
• Key point: The judge found Sigler's response insufficient under the answer rule, but the Commission later found it sufficient to avoid default.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SIGLER MINING
DDATE:
19801105
TTEXT:
~3225
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. WEVA 80-519
PETITIONER
A.O. No. 46-04633-03021
v.
Mine No. 1
SIGLER MINING,
RESPONDENT

ORDER ASSESSING DEFAULT PENALTY

The operator having received the captioned proposal for assessment of civil penalties and having failed to file its answer within 30 days as required by Rule 28 of the Commission's rules of procedure, an order to show cause why it should not be declared in default issued on October 6, 1980. The order directed respondent to explain its delinquency and to comply with the requirements of Rule 28 that it provide a statement of the reasons why each of the violations are contested, including a statement as to whether each violation occurred and whether a hearing is requested. The operator's response filed October 27, 1980, fails to comply with these requirements.

Accordingly, it is ORDERED that the operator be, and hereby is, declared in DEFAULT.

It is FURTHER ORDERED that pursuant to Rule 63 of the Commission's rules the proposed penalty of $1174 be, and hereby is, ASSESSED as a FINAL ORDER of the Commission. Finally, it is ORDERED that respondent pay the amount finally assessed, $1174, on or before Monday, November 24, 1980.

Joseph B. Kennedy
Administrative Law Judge