FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
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SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
CALLENDER CONSTRUCTION COMPANY, INC. |
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Docket No. LAKE 2020-0189-M A.C. No. 11-00214-494016 |
BEFORE: Traynor, Chair; Althen and Rajkovich, 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. (2018) (“Mine Act”). On May 29, 2020, the Commission received from Callender Construction Company, Inc. (“Callender”) a motion seeking to reopen a penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act,
30 U.S.C. § 815(a).
The operator’s motion referenced the A.C. No. for the case as 11-00214-494016, and requested to reopen the case to contest Citation Nos. 9387298, 9387397[1] and 9387296. It appears that the operator has paid the outstanding civil penalties associated with the citations at issue.
We note that the Commission’s acknowledgement letter incorrectly listed the A.C. No. as 11-00214-498359. On June 3, 2020, the Commission received a response from the Secretary of Labor stating that he does not oppose the motion to reopen, but the Secretary’s response referenced the same A.C. number as the Commission’s May 29 acknowledgment letter and addressed different citations from the operator.
Since it appears the penalties at issue in this motion to reopen have already been paid,
the parties are hereby ORDERED TO SHOW CAUSE within 30 days of the date of this order why this case, AC. No. 11-00214-494016, should not be dismissed.
/s/ Arthur R. Traynor, III
Arthur R. Traynor, III, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Marco M. Rajkovich, Jr.
Marco M. Rajkovich, Jr., Commissioner
Distribution (by email):
Bruce Callender, President
Callender Construction Company, Inc.
928 West Washington Street
Pittsfield, IL 62363
Emily Toler Scott, Esq. Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
201 12th Street South, Suite 401
Arlington, VA 22202
April Nelson, Esq., Associate Solicitor
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
201 12th Street South, Suite 401
Arlington, VA 22202
Melanie Garris, Chief
Office of Civil Penalty Compliance
U.S. Department of Labor
Office of Assessments
Mine Safety and Health Administration
201 12th Street South, Suite 401
Arlington, VA 22202
Chief Administrative Law Judge Glynn Voisin
Federal Mine Safety & Health Review Commission
1331 Pennsylvania Avenue, NW, Suite 520 N
Washington, DC 20004-1710
GVoisin@fmshrc.gov
[1] The operator has listed this citation number incorrectly in its motion to reopen. The correct citation number is 9387297.