<DOC>
[DOCID: f:ct99162o.wais]

 
FORT WORTH CRUSHED STONE, INCORPORATED
May 7, 1999
CENT 99-162-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                  WASHINGTON, D. C.  20006-3868


                           May 7, 1999

SECRETARY OF LABOR            :    CIVIL PENALTY PROCEEDING
     MINE SAFETY AND HEALTH   :
     ADMINISTRATION (MSHA),   :    Docket No. CENT 99-162-M
               Petitioner     :    A. C. No. 41-02965-05517 FTE
                              :
          v.                  :    Cleburne Base
FORT WORTH CRUSHED STONE,     :
     INCORPORATED,            :
               Respondent     :


                ORDER TO RESUBMIT PENALTY PETITION

     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.  On March 15, 1999,  a  penalty  petition
was  filed  on behalf of the Secretary which was answered by  the
operator on April 26, 1999.

     The penalty  petition  was filed by an individual who styles
herself  as  a  law clerk.  I have  recently  refused  to  accept
penalty petitions  and  a  settlement  motion filed by law clerks
from this regional office.  Phoenix Associates Land Service Inc.,
21 FMSHRC            ,  (May 3, 1999);   Bowen  Industries, Inc.,
Docket  No. CENT 98-268-M, 21 FMSHRC               ,  (April  26,
1999).  The  petition  filed  in  this  case  must be refiled and
signed by an attorney in the Office of the Solicitor.   Otherwise
a  show  cause  order will be issued why this case should not  be
dismissed for want of prosecution.

     In light of the foregoing, it is ORDERED that within 21 days
of the date of this order the penalty petition be resubmitted and
signed by an attorney in the Office of the Solicitor.


                              Paul Merlin
                              Chief Administrative Law Judge


Distribution:  (Certified Mail)

Thomas Mascolino, Esq., Office of the Solicitor, U. S. Department
of Labor, Room 420, 4015  Wilson Boulevard, Arlington, VA 22203

Brian L. Pudenz, Esq., Office of the Solicitor, U. S. Department
of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202

Mr. Fred H. Brown, President, Fort Worth Crushed Stone Inc., 
P. O. Box 121906, Fort Worth, TX 76121

/gl


FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C.  20006-3868


Mr. Fred H. Brown, President
Fort Worth Crushed Stone Inc.
P. O. Box 121906
Fort Worth, TX 76121