FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE, NW
SUITE 9500
WASHINGTON, DC 20001
June 26, 2012
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
ROBLES AGGREGATES, INC. |
: : : : : : : : |
Docket No. SE 2010-119-M A.C. No. 54-00057-199026
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BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners
ORDER
BY THE COMMISSION:
This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2006) (“Mine Act”). On November 18, 2011, the Commission received from Robles Aggregates, Inc. (“Robles”) a motion seeking to reopen a penalty assessment proceeding and relieve it from the order of default entered against it.
On March 17, 2011, Chief Administrative Law Judge Lesnick issued an Order to Show Cause which by its terms became an Order of Default if the operator did not file an answer within 30 days. This Order to Show Cause was issued in response to Robles’ failure to answer the Secretary’s March 29, 2010 Petition for Assessment of Civil Penalty. The Commission did not receive Robles’ answer within 30 days, so the default order became effective on April 18, 2011.
Robles asserts that it timely contested the penalties. Robles also states that it had not received any communication until it was contacted by the U.S. Department of Treasury regarding its debt. In order to ensure accurate delivery in the future, Robles modified its address on the legal identity report.
The Secretary does not oppose the request to reopen and notes that the Atlanta Regional Office attorney indicated that there is nothing in the file to verify whether or not the penalty petition was delivered to the operator.
Having reviewed Robles’ request and the Secretary’s response, in the interest of justice, we hereby reopen the proceeding and vacate the Order of Default. Accordingly, this case is remanded to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chairman
/s/ Michael F. Duffy
Michael F. Duffy, Commissioner
/s/ Michael G. Young
Michael G. Young, Commissioner
/s/ Robert F. Cohen, Jr.
Robert F. Cohen, Jr., Commissioner
/s/ Patrick K. Nakamura
&Patrick K. Nakamura, Commissioner
Distribution:
Juan Raul Robles, President
Robles Aggregates, Inc.
Carr. 14 KM. 9.6
Flamboyan Ave #7
Coto Laurel, PR 00780
W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., Room 2220
Arlington, VA 22209-2296
Melanie Garris
Office of Civil Penalty Compliance
MSHA
U.S. Dept. Of Labor
1100 Wilson Blvd., 25th Floor
Arlington, VA 22209-3939
Chief Administrative Law Judge Robert J. Lesnick
Federal Mine Safety & Health Review Commission
601 New Jersey Avenue, N. W., Suite 9500
Washington, D.C. 20001-2021