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1991 FMSHRC [1] (1991)

handle is hein.usfed/fmshr1991 and id is 1 raw text is: CCASE:
MSHA V. BLACKFOOT COAL
DDATE:
19910125
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
January 25, 1991
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
v.            Docket No. VA 90-44
BLACKFOOT COAL COMPANY
BEFORE: Backley, Acting Chairman; Doyle, Holen, and Nelson,
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
December 18, 1990, Commission Chief Administrative Law Judge Paul Merlin
issued an Order of Default finding respondent Blackfoot Coal Company
(Blackfoot) in default for its failure to answer the Secretary of Labor's
civil penalty proposal and the judge's order to show cause. The judge
assessed Blackfoot a civil penalty of $4,273, as proposed by the Secretary.
On January 14, 1991, Blackfoot filed a petition for discretionary review
(PDR) of the judge's default order. requesting that the case be reopened.
For the reasons explained below, we vacate the judge's default order and
remand for further proceedings.
The record discloses that inspectors of the Department of Labor's
Mine Safety and Health Administration (MSHA) issued to Blackfoot a
section 104(d) citation, a section 104(d)(1) order, and three section
104(a) citations alleging violations of various safety regulations.
Upon preliminary notification by MSHA of the civil penalties proposed
for these alleged violations, Blackfoot filed a Blue Card request
for a hearing before this independent Commission. On August 3, 1990,

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