<DOC>
[DOCID: f:pn99147o.wais]

 
RAYNE ENERGY INCORPORATED
May 12, 1999
PENN 99-147


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                 WASHINGTON, D. C.   20006-3868


                          May 12, 1999

SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :  Docket No. PENN 99-147
               Petitioner      :  A. C. No. 36-00930-03604
                               :
          v.                   :  Rayne No. 1
RAYNE ENERGY 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 April 26, 1999,  a  penalty  petition
was  filed  on behalf of the Secretary which was answered by  the
operator on May 3, 1999.

     The penalty  petition was filed by the Philadelphia Regional
Counsel but was not  signed  by the Regional Counsel.  Rather, an
individual who styles herself  as a "paralegal specialist" signed
for the Regional Counsel.  I have  no  idea  who  this "paralegal
specialist"  is or what her qualifications are.  I have  recently
refused to accept  a  settlement motion filed by a paralegal from
this  regional  office  as   well  as  penalty  petitions  and  a
settlement  motion  filed by law  clerks  from  another  regional
office.  Rayne Energy  Inc.,  21  FMSHRC           ,  (April  29,
1999);    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)

B. Anne Gwynn, Esq., Office of the Solicitor, U. S. Department 
of Labor, 3535 Market  Street, Gateway  Building, Room 14480, 
Philadelphia, PA 19104

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

Joseph A. Yuhas, Esq., P. O. Box 25, Barnesboro, PA 15714