Ezel / Agency Decisions / CENT 89-2-M

L & L Gravel (ALJ decision, May 30, 1989)

L & L Gravel (FMSHRC CENT 89-2-M): Amended default order directs payment of $74

Decision type
ALJ decision
Docket
CENT 89-2-M
Decided
May 30, 1989
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

L & L Gravel was involved in a civil penalty proceeding concerning Portable Dredge No. 1. The Chief Administrative Law Judge explained that the earlier default order had treated three citations as still pending even though one had been vacated. He entered default on the remaining two citations and ordered the operator to pay $74 immediately.

Decision snapshot

  • Cited standard(s): None identified in this order
  • Outcome: Default judgment was entered on the remaining two citations, with $74 in penalties ordered.
  • Key point: The amended order corrected the penalty amount after recognizing that one of the three citations had already been vacated.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET, NW, 6TH FLOOR
WASHINGTON, D.C. 20006

May 30, 1989

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. CENT 89-2-M
Petitioner : A. C. No. 25-01093-05501
:
v. : Portable Dredge No. 1
:
L & L GRAVEL,
:
:
Respondent :

AMENDED ORDER OF DEFAULT
Before: Judge Merlin
This case is before me pursuant to the Commission's Order dated May 30, 1989.
At the time the original default order, dated April 20, 1989, was issued, the Solicitor had failed to advise that one of the three citations involved in his petition had been vacated.
The assessed penalties for the remaining two citations are $74.
Accordingly, judgment by default is entered in favor of the Secretary and the operator is ORDERED TO PAY the sum of $74 immediately.

Paul Merlin
Chief Administrative Law Judge
Distribution:
Stephen G. Reynolds, Esq., Office of the Solicitor, U. S.
Department of Labor, Room 2106, 911 Walnut Street, Kansas City,
MO 64106 (Certified Mail)
Mr. Lewis L. Herbough, L & L Gravel, Box 585, Valentine, NE
69201 (Certified Mail)

932

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace