FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, D.C. 20004-1710
September 18, 2012
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
JAUNT, INC. |
: : : : : : : |
Docket No. WEVA 2010-1284-M A.C. No. 46-08262-221287 |
BEFORE: Jordan, Chairman; Young 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 December 9, 2011, the Commission received from Jaunt, Inc. (“Jaunt”) a motion seeking to reopen a penalty assessment proceeding and relieve it from the default order entered against it.
On March 18, 2011, Chief Administrative Law Judge Lesnick issued an Order to Show Cause which by its terms became a Default Order if the operator did not file an answer within 30 days. This Order to Show Cause was issued in response to Jaunt’s failure to answer the Secretary’s July 23, 2010 Petition for Assessment of Civil Penalty. The Commission did not receive Jaunt’s answer within 30 days, so the default order became effective on April 18, 2011.
Jaunt asserts that it was not aware it had to answer the penalty petition after it contested the proposed assessment. The Secretary does not oppose the request to reopen and notes that the operator is not listed on the show cause order distribution list.
Having reviewed Jaunt’s request and the Secretary’s response, in the interest of justice, we conclude that the Default Order has not become a final order of the Commission because the Order to Show Cause was never mailed to Jaunt. 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. Jaunt shall file an Answer to the Show Cause Order within 30 days of the date of this order.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/Michael G. Young
Michael G. Young, Commissioner
/s/ Patrick K. Nakamura
Patrick K. Nakamura, Commissioner
Distribution:
Jack Mullins, President
Jaunt Inc.,
P.O. Box 626
Chapmanville, WV 25508
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