Ezel / Agency Decisions / CENT 87-83-RM

Cen-Tex Ready Mix Concrete Company, Incorporated (ALJ decision, May 31, 1988)

Cen-Tex Ready Mix Concrete Company, Incorporated (FMSHRC CENT 87-83-RM and related dockets): Contests withdrawn and dismissed

Decision type
ALJ decision
Dockets
CENT 87-83-RM, CENT 87-84-RM, CENT 87-85-RM, CENT 87-86-RM, CENT 87-87-RM, CENT 87-88-RM, CENT 87-89-RM, CENT 87-90-RM, CENT 87-91-RM
Decided
May 31, 1988
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1988 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 1988
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 binding on the Commission in other cases. 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

Cen-Tex Ready Mix Concrete asked to withdraw nine contests as part of a settlement reached in related civil penalty proceedings. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11. The nine contest proceedings were dismissed.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11
  • Outcome: The nine contests were withdrawn in connection with a settlement and dismissed.
  • Key point: The judge permitted withdrawal of the contests after the parties reached a related settlement.

Full text (FMSHRC public release)

CCASE:
CEN-TEX READY MIX CONCRETE V. SOL
DDATE:
19880531
TTEXT:

Page 2

~687

FMSHRC-FCV
MAY 31, 1988

CEN-TEX READY MIX CONCRETE CONTEST PROCEEDINGS COMPANY, INCORPORATED, Contestant Docket No. CENT 87-83-RM
v. Citation No. 2846001; 6/2/87

SECRETARY OF LABOR, Docket No. CENT 87-84-RM MINE SAFETY AND HEALTH Citation No. 284602; 6/2/87 ADMINISTRATION (MSHA), Respondent Docket No. CENT 87-85-RM
Citation No. 2846003; 6/2/87

Docket No. CENT 87-86-RM
Citation No. 2868356; 6/2/87

Docket No. CENT 87-87-RM
Order No. 2868356; 6/2/87

Docket No. CENT 87-88-RM
Citation No. 2868357; 6/2/87

Docket No. CENT 87-89-RM
Citation No. 2868358; 6/2/87

Docket No. CENT 87-90-RM
Citation No. 2868471; 6/2/87

Docket No. CENT 87-91-RM
Citation No. 2868473; 6/2/87

Lampasas Quarry

Mine I.D. No. 41-03055

Page 3

~688
ORDER OF DISMISSAL

Appearances: Mary E. Witherow, Esq., U.S. Department of Labor Office of the Solicitor, Dallas, Texas for Petitioner;
John D. Austin, Esq., Arter & Haden, Washington, D.C. for Respondent.

Before: Judge Melick

Contestant has requested to withdraw its Contests in the captioned cases in connection with a settlement agreement reached in the related civil penalty proceedings. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. $ 2700.11. These cases are therefore dismissed.

Gary Melick
Administrative Law Judge

Distribution:

John D. Austin, Esq., Arter and Hadden, 1919 Pennsylvania Ave., N.W., Suite 400, Washington, D.C. 20006 (Certified Mail)

Mary E. Witherow, Esq., Office of the Solicitor, U.S. Department of Labor, 525 South Griffin Street, Suite 501, Dallas, TX 75202 (Certified Mail)

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