Original Sixteen to One Mine, Inc. v. Federal Mine Safety & Health Administration

MEMORANDUM *

Original Sixteen to One Mine, Inc. (“the Operator”) petitions for review of a deci *826 sion of the Federal Mine Safety and Health Review Commission (“the Commission”) under the Federal Mine Safety and Health Act (“Mine Act”), 30 U.S.C. §§ 801 , et seq., affirming the Administrative Law Judge’s order finding the Operator liable for four violations of mandatory safety standards and assessing a total of $19,650 in civil monetary penalties. Two of the citations, Citation Nos. 7995404 and 7995405, arose out of the November 6, 2000, death of miner Mark Fussell. With regard to these citations, the ALJ concluded that Fussell’s negligence was imputable to the Operator for penalty assessment purposes because he was an “agent” of the mine. The Operator then filed a Petition for Discretionary Review (“PDR”) with the Commission under 30 U.S.C. § 823 , in which it requested an extension of time to prepare its complete response to the ALJ’s decision. Because the Commission failed to grant the request and then to grant review, the ALJ’s decision became a final decision of the Commission pursuant to 30 U.S.C. § 823 (d)(1).

In its petition for review the Operator makes four claims:…