Ezel / Agency Decisions / CENT 92-78-M

Texas Industries, Incorporated (ALJ decision, August 10, 1992)

Texas Industries, Incorporated (FMSHRC CENT 92-78-M): Amended order corrected civil penalty deadline

Decision type
ALJ decision
Docket
CENT 92-78-M
Decided
August 10, 1992
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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

This amended order replaced an earlier order in a civil-penalty proceeding involving Texas Industries’ Tin Top Sand and Gravel Plant. Judge Gary Melick stated that the amendment corrected a clerical error and ordered Texas Industries to pay a $556 civil penalty within 30 days of the amended order. The order did not address the underlying violation beyond correcting the payment directive.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The amended order corrected the payment directive and required a $556 civil penalty to be paid within 30 days.
  • Key point: The amended order superseded the earlier order only to correct a clerical error.

Full text (FMSHRC public release)

Page 2

~1

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 92-78-M
PETITIONER
A.C. No. 41-02852-05517
v.
Tin Top Sand and Gravel Plant
TEXAS INDUSTRIES, INCORPORATED,
RESPONDENT

AMENDED ORDER

Appearances: Olivia Tanyel Harrison, Esq. and Jack Ostrander, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas, for Petitioner;
Bob Williams, Texas Industries, Incorporated, Weatherford, Texas, for Respondent.

Before: Judge Melick

This Amended Order is hereby issued in place of and substituted for the Order issued as part of the case dated June 29, 1992 to correct a clerical error and shall read as follows: pay civil penalties of $556 within 30 days of the date of this amended order.

Gary Melick
Administrative Law Judge
703-756-6261

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