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. ARGOS PUERTO RICO CORP.

Docket No. SE 2025-0061 A.C. No. 54-00120-605838

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. (2024) (“Mine Act”). On February 10, 2025, the Commission received from Argos Puerto Rico Corp. (“Argos”) a motion seeking to reopen an uncontested proposed penalty assessment which appeared to be a final order of the Commission according to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

Argos represents that it did not file a notice of contest because it never received the proposed penalty assessment from the Secretary of Labor’s Mine Safety and Health Administration (“MSHA”). Argos seeks to reopen this proceeding so that it may contest the citations and proposed penalties contained therein before the Commission. The Secretary filed a response indicating that she did not object to the operator’s request.

On June 27, 2025, the Commission issued a Request for Information, seeking to obtain copies of the proposed assessment and any mailing receipts or delivery tracking records in the possession of the Secretary of Labor in order to determine whether any delivery issues precluded the proposed assessment from becoming a final order of the Commission. See 30 U.S.C. § 815(a) (If, within 30 days from the receipt of the [proposed assessment], the operator fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty . . . the proposed assessment of penalty shall be deemed a final order of the Commission . . . .) (emphasis added).

On July 28, 2025, the Secretary responded to the Commission’s request and provided documentation demonstrating that the Secretary’s attempts to deliver the proposed assessment to Argos’ address of record were unsuccessful; the failure originated from an error made by the Secretary when typing the operator’s address. Specifically, the Secretary used an incorrect zip code, and as the United States Postal Service records indicate, the assessment was not delivered. Additional attempts to deliver the proposed assessment were also unsuccessful.

Accordingly, we conclude that the proposed assessment was not properly received by the operator as required by section 105(a) of the Mine Act and therefore there is no final order of the Commission. See e.g., Belt Tech, Inc., 46 FMSHRC 975, 975-76 (Dec. 2024).

Therefore, the operator's motion to reopen is moot. We now deem Argos’ motion to reopen a contest of the proposed penalty assessment[1] 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:

Ing. Juan Antonio Perez

Consultant

HC-05 BOX 7230

Guaynabo Puerto Rico

Jperez342@hotmail.com

Alexandra J. Gilewicz, Esq.

Thomas A. Paige, Esq. 

Office of the Solicitor 

U.S. Department of Labor 

Division of Mine Safety and Health 

200 Constitution Avenue NW, Suite N4428  

Washington, DC 20210 

Paige.Thomas.a@dol.gov 

Gilewicz.Alexandra.j@dol.gov

Melanie Garris
US Department of Labor/MSHA 

Office of Assessments, Room N3454 

200 Constitution Ave NW 

Washington, DC 20210 

Garris.Melanie@DOL.gov 

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
GVoisin@fmshrc.gov

---

[1] The proposed penalty assessment is included in the record as Attachment A to the Secretary’s July 28th response to the Commission.