[DOCID: f:k95-322.wais] NARROWS BRANCH COAL INC. March 4, 1996 KENT 95-322 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 4, 1996 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 95-322 Petitioner : A.C. No. 15-17164-03544 v. : : Docket No. KENT 95-388 NARROWS BRANCH COAL INC., : A.C. No. 15-17164-03545 Respondent : : Docket No. KENT 95-424 : A.C. No. 15-17164-03546 : : Docket No. KENT 95-447 : A.C. No. 15-17164-03547 : : Mine No. 1 DEFAULT DECISION Before: Judge Weisberger On January 24, 1996, an order was issued which provided as follows: It is ORDERED that Respondent shall within 10 days of this order either file a statement setting forth good cause why it should not be held in default, or sign and file the original joint motion to approve settlement. If Respondent shall not comply with this Order, a default decision will be issued finding Respondent in default, and ordering Respondent to pay a civil penalty of $33,947, the total amount sought by Petitioner in the Petitions for Assessment of Penalty filed in these cases. Respondent has not complied with this Order. Respondent has not filed a statement setting forth good cause why it should not be held in default; nor has it signed and filed the original Joint Motion to Approve Settlement. Accordingly, it is found that Respondent is in default, and it is ORDERED that Respondent pay a civil penalty of $33,947. Avram Weisberger Administrative Law Judge Distribution: Joseph Luckett, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail) Darrell Williams, President, Narrows Branch Coal, Inc., P.O. Box 428, Hardly, KY 41543 (Certified Mail) /ml