Reintjes of the South, Inc. (Commission decision, August 19, 1999)

Plain-English summary

Reintjes of the South, Inc. challenged an ALJ's dismissal of its contest of Citation No. 7867335. After a $100 civil penalty was proposed, Reintjes agreed to pay it in full without changing the citation and moved to withdraw its petition for discretionary review. The Commission granted the motion, vacated its direction for review, and dismissed the appeal.

Decision snapshot

• Governing provision: 29 C.F.R. § 2700.11
• Outcome: The petition for discretionary review was withdrawn, the direction for review was vacated, and the appeal was dismissed after Reintjes agreed to pay $100.
• Key point: A party may withdraw a Commission appeal under the Commission's procedural rules when the underlying penalty has been resolved.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1730 K STREET NW, 6TH FLOOR

WASHINGTON, D.C. 20006

August 19, 1999

SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
:
v. : Docket No. CENT 99-153-RM
:
REINTJES OF THE SOUTH, INC. :

BEFORE: Jordan, Chairman; Marks, Riley, Verheggen, and Beatty, Commissioners

ORDER

BY THE COMMISSION:

On June 24, 1999, the Commission granted a petition for discretionary review filed by Reintjes of the South, Inc. ("Reintjes") challenging Administrative Law Judge Avram Weisberger's Order of Dismissal in which he granted the Secretary of Labor's motion for summary decision, denied Reintjes' motion for summary decision, and dismissed Reintjes' notice of contest with respect to Citation No. 7867335, as modified. Order at 3-4 (May 17, 1999) (unpublished).

On August 12, 1999, pursuant to Commission Procedural Rule 11, 29 C.F.R. § 2700.11, Reintjes filed an unopposed motion to withdraw its petition for discretionary review. At the time Reintjes filed its petition for discretionary review, a civil penalty had not been proposed for Citation No. 7867335. A civil penalty of $100.00 has now been proposed for the citation and Reintjes has agreed to pay the penalty in full, without modification of the citation. Reintjes states that the Secretary has no objection to its motion to withdraw its petition. Upon consideration of Reintjes' motion to dismiss the appeal, we grant it. Accordingly, the Commission's direction for review in this matter is vacated and Reintjes' appeal is dismissed.

______
Mary Lu Jordon, Chairman

______
Marc Lincoln Marks, Commissioner

______
James C. Riley, Commissioner

______
Theodore F. Verheggen, Commissioner

______
Robert H. Beatty, Jr., Commissioner

Distribution

Mark N. Savit, Esq.
Adele L. Abrams, Esq.
Patton Boggs, LLP
2550 M Street, N.W.
Washington, D.C. 20037

Stephen Irving, Esq.
Office of the Solicitor
U.S. Department of Labor
525 South Griffin St., Suite 501
Dallas, TX 75202

W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., Suite 400
Arlington, VA 22203

Administrative Law Judge Avram Weisberger Federal Mine Safety & Health Review Commission Office of Administrative Law Judges 5203 Leesburg Pike, Suite 1000 Falls Church, VA 22041