FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
TELEPHONE: 202-434-9950 / FAX: 202-434-9949
August 30, 2019
SECRETARY OF LABOR
MINE SAFETY AND HEALTH
CIVIL PENALTY PROCEEDINGS
Docket No. VA 2019-0132
A.C. No. 44-03088-492659
Mine: P-7 Pigeon Creek
ORDER OF DEFAULT AND ORDER TO PAY
This case is before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d).
This docket involves 7 alleged violations and total proposed penalties of $2,170.00. On August 14, 2019, I issued an Order to Show Cause directing Respondent to explain why an order of default should not be issued against it given its stated posture of not responding to any administrative orders from this office. During a conference call with the parties on August 13, 2019, Respondent’s counsel relayed that in light of pending bankruptcy proceedings, Respondent would expect the court to issue an order of default based upon its failure to respond to a show cause order. Respondent failed to show cause by the deadline of August 28, 2019.
Respondent has failed to comply with my Order to Show Cause. The Commission’s procedural rules permit a finding of default and summary disposition of a case after issuance of a show cause order when a party has failed to comply with a judge’s orders. 29 C.F.R. § 2700.66.
WHEREFORE, I find Respondent to be IN DEFAULT.
Respondent is hereby ORDERED to pay a total penalty of $2,170.00 within thirty (30) days of the date of this Order.
/s/ Priscilla M. Rae
Priscilla M. Rae
Administrative Law Judge
Distribution (Electronic Mail & U.S. Certified Mail, Return Receipt Requested):
David A. Steffey, CLR, U.S. Department of Labor, MSHA, P.O. Box 560, Norton, VA 24273
Joseph Jacobs, Blackjewel, LLC, P.O. Box 249, Stanville, KY 41659
Peter S. Gould, Squire Patton Boggs (US) LLP, 1801 California Street, Suite 4900, Denver, Colorado 80202
Stephen D. Lerner, Squire Patton Boggs (US) LLP, 1801 California Street, Suite 4900, Denver, Colorado 80202
 Checks or money orders should be sent to: Mine Safety & Health Administration, U.S. Department of Labor, P.O. Box 790390, St. Louis, MO 63179-0390.