FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
May 21, 2026
|
SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA) v. MOUNTAIN
STONE AGGREGATES, |
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|
Docket No. WEST 2026-0003 A.C. No. 45-03769-623672 |
BEFORE: Rajkovich, Chair; Jordan, and Baker, 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. (2024) (“Mine Act”). On November 10, 2025, the Commission received
from Mountain Stone Aggregates (“Mountain Stone”) a motion seeking to reopen a
penalty assessment that had appeared to become a final order of the Commission
pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).
In its motion, Mountain Stone represents that
it did not receive the subject proposed penalty assessment from the Mine Safety
and Health Administration (“MSHA”).
Instead, the operator contends that MSHA has—on multiple occasions—sent
mail to the wrong address. The Secretary does not oppose the operator’s request. The United States Post Office tracking
records attached to the Secretary’s response indicate that the assessment was
not delivered to Mountain Stone because of an “insufficient address.” Sec’y Ex. B.
The Secretary represents that it will work with the operator to resolve issues
with the description of the operator’s physical address, which may contribute
to problems with delivery.[1]
Having reviewed Mountain Stone’s request
and the Secretary’s response, we conclude that the proposed penalty assessment
did not become a final order of the Commission because it was not properly
served on the operator. The Commission has held that when an
assessment is sent to an improper address, it does not become a final order, so
a request to reopen the assessment is moot. See Petra Materials, 32 FMSHRC 1113,
1116 (Sept. 2010); see also, e.g., American Sand Co. LLC, 42 FMSHRC 767
(Oct. 2020) (applying this principle to an order of default when the Chief
Judge’s order to show cause was sent to the wrong address).
Accordingly, we hold that there is no final order and the operator’s motion to reopen is
moot. The 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.
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_________________________________
Marco M. Rajkovich, Jr., Chair
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_________________________________
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Mary
Lu Jordan, Commissioner
_________________________________
Timothy J. Baker, Commissioner
Distribution:
Kim
Redding, Consultant
N
– Compliance Safety Services, Inc.
2949
S. Jiovanni Ave.
Meridian,
ID 83642
Redding1562@msn.com
Jennifer A. Ledig, Esq.
Thomas A. Paige, Esq.
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Ledig.jennifer@dol.gov
Paige.Thomas.a@dol.gov
Melanie Garris
US Department of Labor/MSHA
Office of Assessments, Room N3454
200 Constitution Ave NW
Washington, DC 20210
Garris.Melanie@dol.gov
Acting Chief Judge David P. Simonton
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
DSimonton@fmshrc.gov