Ezel / Agency Decisions / cent-92-227-cm-alj
FMSHRC ALJ decision Docket CENT 92-227-CM Decided October 28, 1992 Procedural Judge Jerold Feldman

Cullor Rock Quarry

Cullor Rock Quarry (FMSHRC CENT 92-227-CM): Compensation complaint dismissed after withdrawal

Apply this to your situation

This order from 1992 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 1992
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

Tim Ragland filed a compensation complaint against Cullor Rock Quarry. He requested permission to withdraw the complaint. Judge Jerold Feldman granted the request and dismissed the case with prejudice. The scheduled November 5, 1992 hearing in Joplin, Missouri was canceled. The official decision does not identify a mine safety standard or award compensation.

Decision snapshot

  • Cited standards: None identified in the official released text.
  • Outcome: The compensation proceeding was dismissed with prejudice after the complainant was permitted to withdraw the complaint.
  • Key point: Withdrawal ended the case and canceled the scheduled hearing.

Full text (FMSHRC public release)

CCASE:
TIM RAGLAND V. CULLOR ROCK QUARRY
DDATE:
19921028
TTEXT:

Page 2

~1746

TIM RAGLAND, : COMPENSATION PROCEEDING
Complainant :
v. : Docket No. CENT 92-227-CM
:
CULLOR ROCK QUARRY, : Mine No. 23-01924
Respondent :

                       ORDER OF DISMISSAL

Before: Judge Feldman

 The complainant has filed a request for authority to

withdraw his complaint for compensation in the captioned case.
For the reasons stated by the complainant, permission to withdraw
is granted. This case is therefore DISMISSED with prejudice and
the hearing in this matter scheduled for November 5, 1992, in
Joplin, Missouri is canceled.

                             Jerold Feldman
                             Administrative Law Judge
                             (703) 756-5233

Distribution:

Mr. Tim Ragland, 2123 W. Austin, Nevada, Missouri 64772
(Certified Mail)

Mr. Jim Cullor, Cullor Rock Quarry, Rt. 1, Eldorado Springs,
Missouri 64744 (Certified Mail)

Cullor, Incorporated, 20th and Sidney, Ft. Scott, Kansas 66701

/vmy

Get today's answer for your situation

You just read what one judge decided for one employer in 1992, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.