Secretary of Labor v. Triple D Coal Company

Plain-English summary

MSHA proposed a $306 civil penalty against Triple D Coal Company. The company did not comply with a prehearing order or a later show-cause order requiring it to confer with MSHA and prepare for the proceeding. The company later reported that it had shut down and described financial difficulties, but it still did not satisfy the orders. Judge Avram Weisberger entered default, made the $306 proposed penalty final, and ordered payment within 30 days.

Decision snapshot

• Cited standard(s): None stated in this order.
• Outcome: Default was entered and the $306 proposed penalty was made final.
• Key point: A respondent's financial difficulties did not excuse its failure to comply with the prehearing and show-cause orders.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TRIPLE COAL
DDATE:
19870428
TTEXT:

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           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 86-432
PETITIONER A.C. No. 46-06816-03508

      v.                          No. 1 Mine

TRIPLE D COAL COMPANY,
RESPONDENT

                           ORDER OF DEFAULT

Before: Judge Weisberger

 Petitioner on August 8, 1986, filed its Petition of

Assessment of Civil Penalty proposing a penalty of $306 and an
Answer was filed by Respondent on February 18, 1987.

 On February 25, 1987, I issued a Prehearing Order directing

the parties on or before March 10, 1987, to confer for the
purpose of discussing settlement, and if settlement was not
agreed upon by March 17, 1987, to serve each other and me lists
of witnesses who may testify, exhibits which may be introduced,
and matters which can be stipulating at the hearing. The Order
further stated that failure to comply will subject the defaulting
party to a show cause order and possible default decision.

  On March 27, 1987, Petitioner filed a statement with me

indicating that it had not received any response, from
Respondent, to its letter and telephone request asking
Respondent's representative, Jack L. Kinder, to contact
Petitioner. Prior to April 2, 1987, I had not received, from
Respondent, any response to my Prehearing Order of February 25,
1987.
On April 2, 1987, I issued a Show Cause Order ordering
Respondent as follows: "%y(3)27 to, within 10 days, confer with
Petitioner for the purpose of discussing settlement, and if
settlement is not reached within 20 days to serve Petitioner and
me with all items referred to in paragraph 2 of my Prehearing
Order or show good reason for your failure to comply with this
Order." Respondent was advised that if it did not comply with the
Show Cause Order it will be placed in default.

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On April 8, 1987, a letter was received by me from Respondent in
which Respondent's President, Jack L. Kinder, indicated, in
essence, that Respondent had "shut down" on September 17, 1985.
Mr. Kinder also described, in general, his financial plight.
However, the terms of the Prehearing Order were not complied
with.

 Therefore, it is ORDERED that Respondent is in DEFAULT. It

is further ORDERED that the penalties proposed in the Assessment
Order, attached as Exhibit A to the petitioner, in the total
amount of $306 are imposed as the final order of the Commission.
It is further ORDERED that Respondent shall pay such penalties in
the of amount of $306 within 30 days of the date of this order.

                                 Avram Weisberger
                                 Administrative Law Judge