August 3, 2026
SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), v. PETE LIEN & SONS, INC. | Docket No. CENT 2025-0105 A.C. No. 39-00925-611616 |
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 January 22, 2026, the Commission received from Pete Lien & Sons, Inc. (“PLSI”) a motion seeking to reopen a penalty assessment proceeding and relieve it from the Default Order entered against it.
On April 14, 2025, the Chief Administrative Law Judge issued an Order to Show Cause in response to PLSI’s perceived failure to answer the Secretary of Labor’s February 11, 2025, Petition for Assessment of Civil Penalty. By its terms, the Order to Show Cause was deemed a Default Order on May 15, 2025, when it appeared that the operator had not filed an answer within 30 days.
PLSI asserts that it did not receive any notification of the Order to Show Cause. It further asserts that it believed it had taken the appropriate actions and was waiting for the matter to be assigned to a Judge and set for hearing. The operator explains that it promptly filed its Answer to the Penalty Petition with MSHA on February 12, 2025.1 When it appeared that settlement negotiations had reached an impasse, the operator asked the assigned Conference Litigation Representative (“CLR”) for guidance, and the CLR explained that a Judge would be assigned and would issue a Pre-Hearing Order.
The Secretary takes no position regarding PLSI’s motion. Significantly, the Secretary states that he also did not receive timely notice of the default. He explains that the assigned CLR
1 PLSI’s motion suggests it may not understand that the Commission is a separate entity from the Department of Labor. Filings in Commission proceedings (including Answers to the Secretary’s Penalty Petition) must be submitted to the Commission. 29 C.F.R. §§ 2700.5, 2700.29.
did not receive the Order to Show Cause until July 24, 2025, after contacting a Commission employee regarding the status of the proceeding. The Secretary notes that the operator seems to have “some misunderstanding of MSHA and the Commission’s respective roles,” but also acknowledges that the Commission’s “apparent failure to serve the April 14, 2025, Order to Show Cause” may have caused some confusion. Sec’y Resp. at 3.
A Judge’s jurisdiction over a proceeding terminates when a default occurs. 29 C.F.R.
§ 2700.69(b). Under the Mine Act and the Commission’s procedural rules, relief from a Judge’s decision may be sought by filing a petition for discretionary review within 30 days of its issuance. 30 U.S.C. § 823(d)(2)(A)(i); 29 C.F.R. § 2700.70(a). If the Commission does not direct review within 40 days of a decision’s issuance, it becomes a final decision of the Commission. 30 U.S.C. § 823(d)(1).
In light of the parties’ representations, it appears that the Order to Show Cause was not properly served on PLSI and therefore did not result in a final order of default. Accordingly, the operator’s motion is denied as moot. Cf. Material Sand & Stone Corp., 48 FMSHRC 184, 185 (Apr. 2026). This case remains open and 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.
Mary Lu Jordan, Commissioner
Timothy J. Baker, Commissioner
Marco M. Rajkovich, Jr., Chair
Distribution:
Grant Neff
Senior Safety Manager Pete Lien & Sons, Inc.
P.O. Box 440
Rapid City, SD 57709-0440 gneff@petelien.com
Thomas A. Paige, Esq. Alexandra J. Gilewicz, Esq. Jennifer A. Ledig, 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 Paige.Thomas.a@dol.gov gilewicz.alexandra.j@dol.gov ledig.jennifer@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 Peterson.erik@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