July 17, 2026
SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) v. HEIDELBERG MATERIALS MIDWEST AGG. INC. | Docket No. LAKE 2025-0260 A.C. No. 11-00070-614881 |
BEFORE: Rajkovich, Chair; Jordan, and Baker, 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 June 3, 2025, the Commission received from Heidelberg Materials Midwest Agg. Inc. (“Heidelberg Materials”) 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).
On February 25, 2025, Heidelberg Materials received a proposed penalty assessment from the Secretary. On March 27, 2025, the proposed assessment was deemed a final order of the Commission, when it appeared that the operator had not filed a Notice of Contest within 30 days.
Heidelberg Materials asserts that it requested on February 11, 2025 that its corporate office issue a check for this statement. The request was approved and sent, but
apparently never received by MSHA. It came to the operator’s attention that the check was not received when it received a letter on May 19, 2025. Upon receiving the letter, Heidelberg checked shipment tracking and saw that the check was returned to its corporate office. It then sought to have the check re-issued. MSHA has since received the check, and the payment was received in full. The Secretary argues that the motion to reopen is moot because the operator has paid the penalty in full and does not seek to pursue contesting the violations.
Having reviewed Heidelberg Materials’ request and the Secretary’s response, we conclude that the operator has paid the penalty in full, which obviates any need to invoke Rule
60(b). Accordingly, the operator’s motion to reopen is moot and this proceeding dismissed.
Mary Lu Jordan, Commissioner
Timothy J. Baker, Commissioner
Marco M. Rajkovich, Jr., Chair
Distribution:
Scott Peters
Heidelberg Materials Agg. Inc. Romeoville Quarry-U836
125 N. Independence Blvd. Romeoville, IL 60446 scott.peters@heidelbergmaterials.com
Jennifer A. Ledig, Esq. 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 Ledig.jennifer@dol.gov Gilewicz.alexandra.j@dol.gov Paige.Thomas.a@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 Peterson.erik@dol.gov
Acting Chief Judge David P. Simonton
Federal Mine Safety Health Review Commission 1331 Pennsylvania Avenue, NW Suite 520N Washington, DC 20004-1710 DSimonton@fmshrc.gov