<DOC>
[DOCID: f:cnt98-11.wais]

 
GEORGES COLLIERS INCORPORATED
January 8, 1998
CENT 98-11


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                  1730 K STREET, N.W., 6TH FLOOR

                    WASHINGTON D.C. 20006-3868


                         January 8, 1998

SECRETARY OF LABOR             :   CIVIL PENALTY PROCEEDING
     MINE SAFETY AND HEALTH    :
     ADMINISTRATION (MSHA)     :   Docket No. CENT 98-11
               Petitioner      :   A. C. No. 34-01787-03530
                               :
          v.                   :   Pollyanna No. 8 Mine
GEORGES COLLIERS INCORPORATED, :
               Respondent      :


                       ORDER TO SHOW CAUSE

     This  case  is  before  me pursuant to section 105(d) of the
Federal Mine Safety and Health Act of 1977.   30 U.S.C. � 815(d).

     On  December  29,  1997,  the   Conference   and  Litigation
Representative (CLR) filed the penalty petition with  an enclosed
exhibit  for this case.  However, the exhibit does not include  a
copy  of  MSHA's  assessment  sheet  identifying  the  violations
contested.   Commission  rule 2700.28(b), 29 C.F.R. � 2700.28(b),
requires that the petition  list  the  alleged violations and the
proposed penalties, identify each violation  by  the  number  and
date  of  the  citation  or  order  and the section of the Act or
regulations alleged to be violated.    Therefore, the petition is
incomplete  and  the CLR must provide the  requisite  information
before this case can proceed.

     On November 18,  1997, I issued an order to show cause, copy
enclosed, in Quapaw Company, 19 FMSHRC 1927, (Dec. 1997) pointing
out that there were an  increasing  number  of recent cases where
the   Secretary's  representatives  failed  to  attach   required
exhibits  to  penalty  petitions.   On  November  21,  1997,  the
Associate  Solicitor, for Mine Safety and Health wrote Solicitors
and CLRs regarding insufficient penalty petitions.

     It is   ORDERED  that  within  21  days  the  CLR  file  the
necessary  information  for  his  penalty petition to fulfill the
requirements set forth in the Commission  rules or show cause why
this case should not be dismissed for inadequate filing.




                              Paul Merlin
                              Chief Administrative Law Judge

                              Enclosure

                              Distribution: (Certified Mail)

                              Ned   Zamarripa,   Conference   and
                              Litigation  Representative,  U.  S.
                              Department  of  Labor, MSHA, CMS&H,
                              P. O. Box 25367, Denver, CO 80225

                              Mr. G. Matt Richardson,  President,
                              George Colliers Inc., Route  3, Box
                              696, Henryetta, OK 74437

                              /gl