Secretary of Labor v. Ram Enterprises, Inc.

Plain-English summary

Ram Enterprise sought to reopen three citations after receiving a delinquency notice for an assessment it believed was already in contest. The company contacted MSHA about the pending hearing and later moved to reopen. The Secretary confirmed that Ram Enterprise had timely contested the proposed assessment. The Commission held that the assessment never became final because the operator had notified the Secretary within the statutory period. It denied reopening as moot and remanded the case for further proceedings.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(a)
• Outcome: The assessment was held nonfinal, the reopening motion was denied as moot, and the case was remanded.
• Key point: A timely contest prevents finality even when MSHA later treats the assessment as delinquent.

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.

RAM
ENTERPRISE, INC.

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Docket
No. WEST 2023-0351

A.C.
No. 48-00152-573340

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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 August 15, 2023, the Commission received
from Ram Enterprise, Inc. (“Ram Enterprise”) 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
March of 2023, Ram Enterprise received a proposed penalty assessment from the
Secretary. On April 26, 2023, the Secretary deemed the proposed assessment a
final order of the Commission, when it appeared that the operator had not filed
a Notice of Contest within 30 days.

Ram
Enterprise seeks to reopen three citations, 9725542, 9725543 and 9725545, asserting
that it had timely contested the citations in the proposed assessment.

In June 2023, it received a delinquent
payment notice and contacted MSHA for an update on the pending contest hearing.
It was told to contact the Denver District Office. On July 6, 2023, it emailed
MSHA but did not receive a response. The Secretary does not oppose the request
to reopen and confirms that the operator did in fact timely contest the
proposed assessment.

Having reviewed Ram Enterprise’s request and the Secretary’s response, we conclude that
the proposed penalty assessment did not become a final order of the
Commission because the operator timely contested the proposed assessment. Section
105(a) states that if an operator “fails to notify the Secretary that he
intends to contest the . . . proposed assessment of penalty . . . the citation
and the proposed assessment of penalty shall be deemed a final order of the
Commission.” 30 U.S.C. § 815(a). Here, Ram Enterprise notified the Secretary of
the contest. This obviates any need to invoke Rule 60(b).

Accordingly, the
operator’s motion to reopen is moot, and this 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.

/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:

Vern
Lindskog

Safety
Director

RAM
Enterprise, Inc.

1225
West Main

Elko,
NV 89801

[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

Federal Mine Safety Health Review Commission

Office
of the Chief Administrative Law Judge

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]