Ezel / Agency Decisions / WEVA 84-340

Secretary of Labor v. Maiden Mining Company (ALJ decision, January 8, 1985)

Secretary of Labor v. Maiden Mining Company (FMSHRC WEVA 84-340): $214 penalties imposed by default

Decision type
ALJ decision
Docket
WEVA 84-340
Decided
January 8, 1985
Presiding judge
James A. Broderick
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 for this docket. 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

MSHA sought civil penalties against Maiden Mining Company concerning its No. 3 Mine. Judge James A. Broderick ordered the parties to confer and exchange information for a possible hearing, but Maiden did not respond. The judge then issued a show-cause order giving the company 15 days to explain why it should not be found in default; Maiden again did not reply. He imposed the proposed $214 in penalties as the final order and required payment within 30 days. The public order does not describe the underlying violations or identify their safety standards.

Decision snapshot

  • Cited standards: None identified in this default order.
  • Outcome: Proposed civil penalties of $214 imposed by default.
  • Key point: The company's failure to answer both the prehearing and show-cause orders led to a final penalty assessment.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MAIDEN MINING
DDATE:
19850108
TTEXT:
~12
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 84-340
PETITIONER
A.C. No. 46-05806-03512
V.
No. 3 Mine
MAIDEN MINING COMPANY,
RESPONDENT

ORDER OF DEFAULT

Before: Judge Broderick

On October 17, 1984, I issued a Prehearing Order directing the parties, inter alia, to confer, and to exchange and send me by December 14, 1984, lists of witnesses and exhibits, and stipulations for a potential hearing. Respondent did not respond to the order.

On December 18, 1984, I issued an Order to Show Cause directing Respondent to show within 15 days why it should not be held in default. Respondent did not reply.

Therefore, Respondent is found to be IN DEFAULT. It is ORDERED that the penalties proposed in the Assessment order attached as Exhibit A to the Petition in the total amount of $214 are imposed as the final order of the Commission. IT IS FURTHER ORDERED that Respondent shall pay such penalties in the amount of $214 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace