Ezel / Agency Decisions / eaj-2001-1-alj
FMSHRC ALJ decision Docket EAJ 2001-1 Decided December 21, 2000 Settled Judge Gary Melick

Portable Rock Production Co.

Portable Rock Production Co. (FMSHRC EAJ 2001-1): EAJA settlement approved for $13,000

Apply this to your situation

This order from 2000 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 2000
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 approved a settlement requiring payment of $13,000 in an Equal Access to Justice Act proceeding. It 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

Portable Rock Production applied for fees and expenses under the Equal Access to Justice Act in a proceeding formerly associated with WEST 99-309-M. The parties jointly asked the judge to approve a settlement and dismiss the case after payment of $13,000. Judge Gary Melick approved the settlement, ordered payment within 30 days, and dismissed the proceeding.

Decision snapshot

  • Governing authority: 5 U.S.C. § 504
  • Outcome: The settlement was approved, payment of $13,000 was ordered, and the proceeding was dismissed.
  • Key point: The EAJA fee proceeding ended through an approved settlement rather than a merits ruling.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

                                   December 21, 2000

PORTABLE ROCK PRODUCTION CO., : EQUAL ACCESS TO JUSTICE
Applicant : PROCEEDING
:
v. : DOCKET NO. EAJ 2001-1
:
SECRETARY OF LABOR, : Formerly WEST 99-309-M
MINE SAFETY AND HEALTH : A. C. No. 35-02761-05521
ADMINISTRATION (MSHA), :
Respondent : Sears Road Pit

                        DECISION APPROVING SETTLEMENT

Before: Judge Melick

    This case is before me upon an application for fees and expenses under the Equal Access

to Justice Act, 5 U.S.C. § 504. The parties have filed a motion to approve a settlement agreement
and to dismiss the case upon Respondent’s payment of $13,000.00.

   WHEREFORE, the motion for approval of settlement is GRANTED, and it is

ORDERED that Respondent pay the amount of $13,000.00, within 30 days of this order. These
proceedings are accordingly dismissed in accordance with the joint request of the parties.

                                         Gary Melick
                                         Administrative Law Judge

Distribution:

William W. Kates, Esq., Office of the Solicitor, U.S. Dept. of Labor, 1111 Third Avenue,
Suite 945, Seattle, WA 98101-3212

E. Jay Perry, Esq., Employers Defense Counsel, P.O. Box 7126, Eugene, OR 97401

\mca

                                          1483

Get today's answer for your situation

You just read what one judge decided for one employer in 2000, 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.