<DOC>
[DOCID: f:general.wais]

 
GENERAL ROAD TRUCKING CORP.
December 26, 1995
YORK 95-102-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                    1730 K STREET N.W., 6TH FLOOR

                       WASHINGTON,  D.C.  20006


                          December 26, 1995

SECRETARY OF LABOR,               :
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION (MSHA)           :
                                  :
          v.                      :  Docket No. YORK 95-102-M
                                  :
GENERAL ROAD TRUCKING CORP.       :
                                  :


BEFORE:   Jordan,  Chairman; Doyle, Holen and Marks, Commissioners


                                ORDER

BY THE COMMISSION:


     This civil penalty proceeding arises under the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1988) ("Mine
Act").  On November 20, 1995, Chief Administrative Law Judge Paul
Merlin issued an Order of Default to General Road Trucking Corp.
("General Road") for failing to answer the proposal for assessment
of penalty filed by the Secretary of Labor on June 26, 1995, or the
judge's Order to Respondent to Show Cause issued on September 14, 1995.
The judge assessed the civil penalty of $1,200 proposed by the
Secretary.

     On December 4, 1995, the Commission received a letter from
General Road's secretary asserting that "Mr. Anthony . . . does not
run this plant," "does notunderstand why he is considered in
violation," and that "[t]his was his initial statement and the
reason he requested a hearing."

     The judge's jurisdiction in this matter terminated when his
decision was issued on November 20, 1995.  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); 29 C.F.R. § 2700.70(a).  We deem General
Road's letter to be a timely filed petition for discretionary
review, which we grant.  See, e.g., Middle States Resources, Inc.,
10 FMSHRC 1130 (September 1988).

     On the basis of the present record, we are unable to
evaluate the merits of General Road's position.  In the interest
of justice, we vacate the default order and remand this matter to the
judge, who shall determine whether relief from default is warranted.
See Amber Coal Co., 11 FMSHRC 131, 132-33 (February 1989).


                              Mary Lu Jordan, Chairman

                              Joyce A. Doyle, Commissioner

                              Arlene Holen, Commissioner

                              Marc Lincoln Marks, Commissioner