River Point Processing Inc. (Commission decision, April 15, 1999)

Plain-English summary

River Point Processing asked the Commission to reopen a $55 penalty assessment that had become final after the operator did not contest it within 30 days. The company said its facility had shut down and asked that the penalty be waived because it had dissolved in bankruptcy court. The Department of Labor reported that River Point had been sold, was no longer in the mining business, and the case was being closed as uncollectible. The Commission denied the motion as moot and dismissed the proceeding.

Decision snapshot

• Governing authority: 30 U.S.C. § 815(a)
• Outcome: The motion to reopen was denied as moot and the proceeding was dismissed.
• Key point: The Commission did not reopen a final penalty assessment after the agency reported that the case had been closed as uncollectible.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

April 15, 1999

SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
:
:
v. : Docket No. WEVA 99-65
:
RIVER POINT PROCESSING INC.
:

BEFORE: Jordan, Chairman; Marks, Riley, Verheggen, and Beatty, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (1994) (“Mine Act”). On March 5, 1999, the Commission received from River Point Processing Inc. (“River Point”) a request to reopen a penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

Under section 105(a) of the Mine Act, an operator has 30 days following receipt of the Secretary of Labor’s proposed penalty assessment within which to notify the Secretary that it wishes to contest the proposed penalty. If the operator fails to notify the Secretary, the proposed penalty assessment is deemed a final order of the Commission. 30 U.S.C. § 815(a).

In its motion, River Point states that its facility was shut down at the time the assessment issued. The operator also requests that the $55.00 proposed penalty assessment be waived due to the operator’s dissolution in bankruptcy court.

On March 26, 1999, the Commission received a memorandum from Tamara Nelson, Chief of the Compliance Group with the Department of Labor’s Civil Penalty Compliance Office. In the memorandum Ms. Nelson states that, because River Point Processing Inc. was sold on August 20, 1998, and is no longer in the mining business, the case is being closed as uncollectible.

21 FMSHRC 413

Page 2

Based on the foregoing, we deny River Point’s motion to reopen as moot. See generally Phelps Dodge Morenci Inc., 17 FMSHRC 1525 (Sept. 1995) (granting motion to withdraw Motion for Relief from Final Order where proposed penalty assessment was rescinded). Accordingly, this proceeding is dismissed.

Mary Lu Jordan, Chairman

Marc Lincoln Marks, Commissioner

James C. Riley, Commissioner

Theodore F. Verheggen, Commissioner

Robert H. Beatty, Jr., Commissioner

21 FMSHRC 414

Page 3

Distribution

Gary L. Tincher, Safety Consultant
Tincher Safety, Inc.
for River Point Processing
P.O. Box 38
Cabin Creek WV 25035

Tamara Nelson
Office of Civil Penalty Compliance
MSHA U.S. Department of Labor
4015 Wilson Boulevard, 9th Floor
Arlington, VA 22203

Sheila Cronan, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., Suite 400
Arlington, VA 22203

21 FMSHRC 415