Secretary of Labor v. Coyote Gravel Products, Inc.

Plain-English summary

Coyote Gravel sought to reopen a final penalty assessment, saying its general manager neglected to submit completed contest paperwork because of an internal error. The Commission held that a reopening request must give a detailed explanation of the failure, including relevant dates, people, causes, and corrective steps. Coyote Gravel did not identify the error, explain the neglect, or specify how its procedures had changed. Although the company moved promptly after learning the assessment was final, that promptness did not cure the missing explanation. The Commission denied the motion.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(a)
• Outcome: The motion to reopen the final penalty assessment was denied.
• Key point: A general claim of internal error or neglect does not establish excusable neglect without concrete details and corrective measures.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH

ADMINISTRATION
(MSHA)

v.

COYOTE
GRAVEL PRODUCTS, INC.

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Docket
No. CENT 2024-0139

A.C.
No. 29-02544-589067

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BEFORE: Jordan,
Chair; Baker and Marvit, 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 February 20, 2024, the Commission received
from Coyote Gravel Products, Inc. (“Coyote Gravel”) 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).

Under
section 105(a) of the Mine Act, an operator who wishes to contest a proposed
penalty must notify the Secretary of Labor no later than 30 days after
receiving the proposed penalty assessment. If the operator fails to notify the
Secretary, the proposed penalty assessment is deemed a final order of the
Commission. 30 U.S.C. § 815(a).

We
have held, however, that in appropriate circumstances, we possess jurisdiction to reopen uncontested
assessments that have become final Commission orders under section 105(a). Jim
Walter Res., Inc., 15 FMSHRC 782, 786-89 (May 1993) (“JWR”). In
evaluating requests to reopen final orders, the Commission has found guidance
in Rule 60(b) of the Federal Rules of Civil Procedure, under which the
Commission may relieve a party from a final order of the Commission on the
basis of mistake, inadvertence, excusable neglect, or other reason justifying
relief. See 29 C.F.R. § 2700.1(b) (“the Commission and its Judges shall
be guided so far as practicable by the Federal Rules of Civil Procedure”); JWR,
15 FMSHRC at 787. We have also observed that default is a harsh remedy and
that, if the defaulting party can make a showing of good cause for a failure to timely respond, the case may be
reopened and appropriate proceedings on the merits permitted. See Coal Prep.
Servs., Inc., 17 FMSHRC 1529, 1530 (Sept. 1995).

Records
of the Department of Labor’s Mine Safety and Health Administration (“MSHA”)
indicate that the proposed assessment was delivered on November 20, 2023, and
became a final order of the Commission on December 20, 2023. A delinquency
notice was mailed to the operator on February 5, 2024.

Coyote Gravel asserts that the proposed
assessment was not timely contested due to “internal error.” The operator
states that the General Manager typically processes assessments but neglected
to submit the completed contest paperwork in this instance, and that it has
since corrected its procedures to ensure future assessments are timely
contested. The Secretary opposes the motion to reopen, on grounds that the
operator has provided an insufficient level of detail to justify relief.

A party seeking to reopen a final penalty
bears the burden of showing that it is entitled to such relief, through a
detailed explanation of its failure to timely respond. Revelation Energy,
LLC, 40 FMSHRC 375, 375-76 (Mar. 2018). General assertions or conclusory
statements are insufficient. Southwest Rock Prod., Inc., 45 FMSHRC 747,
748 (Aug. 30, 2023); B & W Res., Inc., 32 FMSHRC 1627, 1628 (Nov.
2010). At a minimum, the applicant must provide all known details, including
relevant dates and persons involved, and a clear explanation that accounts, to
the best of the operator’s knowledge, for the failure to submit a timely
response. Higgins Stone Co., 32 FMSHRC 33, 34 (Jan. 2010). Here, Coyote
Gravel provides conclusory statements that the assessment was not timely
contested due to internal error and neglect, without identifying the error or
the cause of the neglect. The operator also fails to specify what steps it has
taken to ensure the error does not recur. While we recognize the operator’s
promptness in moving to reopen once it learned the assessment had become final,
Coyote Gravel’s assertions are insufficient to explain its failure to timely
contest the assessment or to determine whether that failure was excusable.

Having
reviewed Coyote Gravel’s request and the Secretary’s response, we find that the
operator has not provided sufficient explanation to justify reopening the
captioned proceeding.

Accordingly, we deny Coyote Gravel’s
motion.

/s/ Mary Lu Jordan

Mary
Lu Jordan, Chair

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z. Marvit

Moshe Z. Marvit, Commissioner

Distribution:

Donna
Pryor, Esq.

Husch
Blackwell LLP

1801
Wewatta Street, Suite 1000

Denver,
CO 80202

[email protected]

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

[email protected]

Emily
Toler Scott, Esq.

Counsel
for Appellate Litigation

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Melanie
Garris

USDOL/MSHA, OAASEI/CPCO

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Office
of the Chief Administrative Law Judge

Federal Mine Safety Health Review Commission

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]