FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

 

OFFICE OF ADMINISTRATIVE LAW JUDGES

721 19th St. Suite 443

Denver, CO 80202-2500

TELEPHONE: 303-844-5266 / FAX: 303-844-5268

 

August 30, 2017

SECRETARY OF LABOR

 MINE SAFETY AND HEALTH    

 ADMINISTRATION (MSHA),

                          Petitioner,

 

 

 

 

 

                          v.

 

 

 

 

 

                                               

A&G COAL CORPORATION,

                          Respondent.

 

 

CIVIL PENALTY PROCEEDINGS

 

Docket No. VA 2014-243

A.C. No. 44-04534-346270

 

Docket No. VA 2014-244

A.C. No. 44-04534-346286

 

Docket No. VA 2014-364

A.C. No. 44-04534-352768

 

Docket No. VA 2014-365

A.C. No. 44-04534-353549

 

Docket No VA 2014-383

A.C. No. 44-04534-353996

 

Mine: Prep Plant #2

 

ORDER LIFTING STAY

ORDER OF DEFAULT

ORDER TO PAY

 

            These dockets are before me upon a petition for assessment of a civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977. At issue are five dockets with a total assessed penalty of $321,753.00. These dockets were consolidated and stayed pursuant to an April 6, 2015 Order of the Court.

 

            On August 7, 2017, the court scheduled a conference call with the parties for Monday, August 14, 2017 at 2:00pm MT to discuss lifting the stay and scheduling a hearing date. August 7, 2017 Court Email. The email allowed Respondent’s representative one week to contact the court if he was unavailable and needed to reschedule the call. Respondent’s representative made no such request. On August 14, 2017, Respondent’s representative failed to appear for the 2:00pm conference call. The parties held the call open until 2:24pm MT, during which the court and the Secretary attempted to contact Respondent’s representative via email and phone, respectively. Neither party received a response.

 

            On August 16, 2017, the court issued a formal written Order to Show Cause ordering the Respondent to file a response by August 28, 2017 explaining why it failed to maintain contact with the court and why a default order in favor of the Secretary should not be entered pursuant to Commission Rule 2700.66. The court received confirmation that the show cause order was processed and signed for on August 21, 2017. However, Respondent failed to file a response as of August 30, 2017.

 

            Under Commission Rules, a Judge may issue an order of default or dismissal after issuing an order to show cause for a party’s failure to comply with a Judge’s orders. 29 C.F.R. § 2700.66.

 

            Accordingly, I find Respondent to be IN DEFAULT. The stay is hereby LIFTED and Respondent’s notice of contest and request for hearing are DISMISSED. Respondent is hereby ORDERED to pay a total penalty of $321,753.00 as originally assessed within thirty (30) days of the date of this Order.[1]

 

 

 

 

                                                                                                   /s/ David P. Simonton

                                                                                                   David P. Simonton

                                                                                                   Administrative Law Judge

 

 

Distribution: (U.S. First Class Mail)

 

Karen M. Barefield, Attorney, U.S. Department of Labor, 211 7th Avenue North, Suite 420, Nashville, TN 37219

 

Hagel Campbell, Conference & Litigation Representative, U.S. Department of Labor, MSHA, P.O. Box 560, Norton, VA 24273

 

Robert S. Wilson, Regional Counsel, U.S. Department of Labor, 201 12th Street South, Arlington, VA 22202

 

Patrick Graham, Southern Coal Corporation, 302 South Jefferson Street, Roanoke, VA 24011


[1] 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.