Secretary of Labor v. E.C. Coal Sales Company, Inc. (ALJ decision, March 10, 1986)

Plain-English summary

E.C. Coal Sales Company did not answer official correspondence or otherwise defend a civil penalty case concerning its No. 3 Mine. Judge Roy J. Maurer gave the company ten days to explain why he should not strike its answer and enter a default decision. The company again did not respond. The judge treated its hearing right as waived and ordered it to pay the Secretary's proposed $186 penalty within 30 days. The decision does not identify the underlying citations or safety standards.

Decision snapshot

• Cited standards: The default order does not identify the underlying safety standards.
• Outcome: Default entered; $186 in proposed civil penalties ordered.
• Key point: The operator's failure to respond to the show-cause order led to a default disposition.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. E.C. COAL SALES
DDATE:
19860310
TTEXT:
~343

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 85-170
PETITIONER
A.C. No. 46-06661-03503

v. No. 3 Mine

E.C. COAL SALES COMPANY, INC.,
RESPONDENT

DEFAULT DECISION

Before: Judge Maurer

On February 19, 1986, a show cause order was issued in this case giving respondent ten (10) days to show cause why its ANSWER should not be struck and a DEFAULT DECISION entered against it for its failure to answer official correspondence or otherwise actively defend this case.

Respondent has again failed to respond and therefore is deemed to have waived any further right to a hearing. The proposed civil penalties shall therefore be made the final order of the Commission.

WHEREFORE IT IS ORDERED that respondent pay the Secretary's proposed civil penalties in the amount of $186 within 30 days of this decision.

Roy J. Maurer
Administrative Law Judge