<DOC>
[DOCID: f:se93-262.wais]
JEN, INC.
March 22, 1995
SE 93-262
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
March 22, 1995
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) : Docket No. SE 93-262
Petitioner : A. C. No. 40-02804-03608
:
v. :
: Docket No. SE 93-263
JEN, INC., : A. C. No. 40-02804-03607
Respondent :
: Docket No. SE 93-288
: A. C. No. 40-02804-03610
:
: Docket No. SE 93-313
: A. C. No. 40-02804-03609
:
: Docket No. SE 93-329
: A. C. No. 40-02804-03611
:
: Docket No. SE 93-330
: A. C. No. 40-02804-03612
:
: Docket No. SE 93-331
: A. C. No. 40-02804-03613
:
: Docket No. SE 93-332
: A. C. No. 40-02804-03614
:
: Docket No. SE 93-346
: A. C. No. 40-02804-03615
:
: Mine No. 39
ORDER OF DEFAULT
On June 1 and June 28, 1993, the Secretary of Labor
(Secretary) filed petitions for the assessment of civil
penalties against JEN, Incorporated (JEN) in the above
captioned cases. On August 20 and September 15, 1993,
orders to show cause were issued by Judge Merlin directing
the operator, JEN, to file its answers to these penalty
petitions or show cause why it should not be held in
default. The files contain the return receipts showing that
JEN received these orders on August 23 and September 20, 1993.
No answers were filed.
On March 8, 1994, Judge Merlin issued yet another order
to show cause, allowing JEN a further opportunity to file
answers in the captioned cases or show cause why it should
not be held in default. No answers were filed by JEN nor did
it file any response to the March 8, 1994 order. The file
contains the return receipt showing that JEN received the
March 8 order on March 12, 1994.
In light of the foregoing, on May 9, 1994, Judge Merlin
issued an order of default in the captioned cases and ordered
the assessed civil penalties paid immediately.
There the matter stood until October 7, 1994, when the
Commission received a letter from JEN's president, Mr. James
Nunley, in which he requested relief from the default
order, for no particular reason that I am able to discern.
Nevertheless, the Commission on December 19, 1994, "in
the interest of justice," reopened these proceedings and
remanded the matter to Judge Merlin for assignment to a judge,
who should in turn determine whether final relief from default
is warranted.
On January 12, 1995, the undersigned issued an order to
JEN wherein JEN was "ordered to show cause within 30 days why
final relief from default is warranted." I specifically
warned that "[i]f it is unable to do so, another default order
will issue against JEN for the total amount of the assessed
civil penalties, as before." The file contains the return
receipt showing that JEN received the January 12 order on
January 17, 1995. There has been no response to date.
Accordingly, it is ORDERED that the operator be held in
DEFAULT in the captioned cases and it is further ORDERED
that the operator pay the total assessed civil penalties in
these cases, i.e., $37,832, immediately.
Roy J. Maurer
Administrative Law Judge
Distribution:
Donna Sonner, Esq., Office of the Solicitor, U. S. Department
of Labor, 2002 Richard Jones Road, Suite B201, Nashville, TN
37215 (Certified Mail)
Mr. James E. Nunley, President, JEN, Inc., P. O. Box 328,
Whitwell, TN 37397 (Certified Mail)
/dcp