Ezel / Agency Decisions / 91-1-alj
FMSHRC ALJ decision Docket 91-1 Decided December 1, 1998 Procedural Judge Paul Merlin

In Re: Contest of Respirable Dust Sample Alteration Citations

In Re: Contest of Respirable Dust Sample Alteration Citations (FMSHRC 91-1): Master docket dismissed

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This order from 1998 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1998
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

This master docket concerned contests involving respirable dust sample alteration citations. The Commission advised that MSHA had issued notices on November 5, 1998, stating that the citations had been vacated for all operators with cases pending under the master docket. Chief Administrative Law Judge Paul Merlin dismissed all cases in the master docket.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: All cases in the master docket were dismissed after MSHA notices stated that the citations had been vacated.
  • Key point: The master docket was closed because the underlying citations had been vacated.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
1730 K STREET, N.W ., SUITE 6 0 0
W A SHINGTON, D .C. 2 0 0 0 6

                                    December 1, 1998

IN RE: CONTEST OF RESPIRABLE :
DUST SAMPLE ALTERATION : MASTER DOCKET No. 91-1
CITATIONS :

                               ORDER OF DISMISSAL


   The Commission has been advised that on November 5, 1998, the Mine Safety and Health

Administration issued notices that citations have been vacated to all operators with cases pending
under the Master Docket, a list of which is attached to this order.

 Accordingly, it is ORDERED that all cases in the Master Docket are hereby

DISMISSED.

                                           Paul Merlin
                                           Chief Administrative Law Judge

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