Ezel / Agency Decisions / WEVA 87-15

Kelso Coal Company, Inc. (ALJ decision, May 20, 1987)

Kelso Coal Company, Inc. (FMSHRC WEVA 87-15): Default order entered for $340 in penalties

Decision type
ALJ decision
Docket
WEVA 87-15
Decided
May 20, 1987
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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. 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

Kelso Coal failed to respond to a show-cause order issued after it did not comply with a prehearing order. Judge William Fauver deemed the company in default and found that it waived its right to a hearing. The proposed civil penalties were made final, and the company was ordered to pay $340 within 30 days.

Decision snapshot

  • Cited provisions: None stated in this order.
  • Outcome: A default order was entered and $340 in proposed penalties became final.
  • Key point: Failure to answer a show-cause order can waive the right to a hearing and result in final assessment of proposed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KELSO COAL
DDATE:
19870520
TTEXT:

Page 2

~952

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 87-15
PETITIONER A.C. No. 46-07103-03501

v. Williams Mountain No. 1

KELSO COAL COMPANY, INC.,
RESPONDENT

DECISION

Before: Judge Fauver

On April 29, 1987, because of Respondent's failure to comply with a prehearing order, a show cause order was issued allowing Respondent until May 11, 1987, to show cause in writing why it should not be held in default and ordered to pay the civil penalties proposed by the Secretary of Labor.

Respondent has failed to file a response to the show cause order, and is hereby deemed to be in default and to have waived its right to a hearing. The proposed civil penalties shall therefore be made the final order of the Commission.

WHEREFORE IT IS ORDERED that Respondent shall pay the secretary's proposed civil penalties in the amount of $340.00 within 30 days of this Decision.

William Fauver
Administrative Law Judge

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