Secretary of Labor v. Neibert Coal Company, Inc. (ALJ decision, June 13, 1985)

Plain-English summary

MSHA sought penalties for 16 alleged safety and health violations at Neibert Coal's No. 2 Mine. A planned settlement did not arrive, and Neibert stopped responding to requests for financial information and the judge's orders. Judge George A. Koutras found the company in default under the Commission's summary disposition rule. He assessed the listed penalties for all 16 violations, totaling $1,080, payable within 30 days. The decision rests on the default rather than a hearing on the merits of each citation.

Decision snapshot

• Cited standards: The 16 citations list requirements in 30 C.F.R. Parts 70, 75, and 77, including sections 70.208(a), 75.200, and 75.400.
• Outcome: Penalties of $972 in WEVA 84-279 and $108 in WEVA 84-342 assessed by default, for a total of $1,080.
• Key point: Failure to respond to the judge's orders led to summary disposition and assessment of the proposed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. NEIBERT COAL
DDATE:
19850613
TTEXT:
~887
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 84-279
PETITIONER
A.C. No. 46-06547-03503
v.
Docket No. WEVA 84-342
NEIBERT COAL COMPANY, INC., A.C. No. 46-06547-03505 RESPONDENT
No. 2 Mine

SUMMARY DECISIONS AND ORDERS

Before: Judge Koutras

Statement of the Proceedings

These proceedings concern civil penalty proposals filed by the petitioner against the respondent pursuant to section 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 820(a), seeking civil penalty assessments for 16 alleged violations of certain mandatory safety and health standards found in Parts 70, 75, and 77, Title 30, Code of Federal Regulations.

These cases were scheduled for hearing in Logan, West Virginia, on February 26, 1985. The hearings were continued when the petitioner's counsel advised me that the parties would propose a settlement, and the parties were given until April 1, 1985, to file their settlement motion. As of this date, no settlement motion has been forthcoming.

By letter dated April 5, 1985, petitioner's counsel advised me that information he has received indicates that the respondent is no longer in operation and is insolvent. Counsel advised further that he was awaiting further confirmation of the financial status of the respondent, and that respondent's representative has advised him that the respondent will not actively defend or litigate these cases further.
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In view of the foregoing, I issued an order on April 23, 1985,directing the parties to show cause as to why the respondent should not be defaulted, because of its failure to forward certain information to the petitioner, so as to enable the petitioner to file its responsive settlement motion with me for adjudication.

Discussion

The respondent has failed to respond to the petitioner's request to furnish information concerning its financial condition, and has also failed to respond to my previous orders concerning the proposed disposition of these cases. Under the circumstances, I conclude and find that the respondent is in default, and that these proceedings may be disposed of pursuant to the Commission's summary disposition procedures found in 29 C.F.R. 2700.63.

ORDER

In view of the respondent's default, and pursuant to the provisions of 29 C.F.R. 2700.63(b), the respondent is assessed civil penalties for the violations in question, as follows:

WEVA 84-279

Citation No. Date 30 C.F.R. Section Assessment

      2143006     5/3/84      77.400(a)             $ 50.00
      2143008     5/3/84      75.1103-1             $ 54.00
      2143009     5/3/84      77.701-2              $ 50.00
      2143010     5/4/84      77.200                $ 63.00
      2143011     5/4/84      75.1722(b)            $ 68.00
      2143012     5/4/84      75.400                $ 63.00
      2143013     5/4/84      75.1100-2(b)          $ 74.00
      2143014     5/4/84      75.1101               $ 68.00
      2143015     5/4/84      75.400                $ 54.00
      2143018     5/9/84      75.400                $ 85.00
      2143019     5/9/84      75.200                $ 68.00

2274202 5/11/84 75.200
$225.00
2142744 5/15/84 75.1725(a)
$ 50.00

Total
$972.00

WEVA 84-342

Citation No. Date 30 C.F.R. Section Assessment

      2143007     5/3/84                77.205(e)       $ 68.00
      9917153     6/12/84               70.208(a)       $ 20.00
      9917154     6/12/84               70.208(a)       $ 20.00

Total $108.00
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Respondent IS ORDERED to pay civil penalties in the amounts shown above for the violations in question, and payment is to be made to the petitioner within thirty (30) days of the date of this order.

George A. Koutras
Administrative Law Judge