Ezel / Agency Decisions / eaj-91-1-alj
FMSHRC ALJ decision Docket EAJ 91-1 Decided October 7, 1991 Procedural Judge John J. Morris

Beco Construction Co., Inc.

Beco Construction Co., Inc. (FMSHRC EAJ 91-1): Equal Access to Justice Act application dismissed after settlement

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This order from 1991 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 1991
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.
Read the official release (fmshrc.gov)

Plain-English summary

Beco Construction filed an Equal Access to Justice Act application related to two earlier contest proceedings. The parties reached an amicable settlement before a hearing. Judge John J. Morris dismissed the application based on that settlement. The order does not state that any fee or expense award was paid.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 2704.100 et seq.
  • Outcome: The Equal Access to Justice Act proceeding was dismissed after the parties reached a settlement.
  • Key point: A settled EAJA proceeding may be dismissed before the scheduled hearing.

Full text (FMSHRC public release)

Page 2

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

BECO CONSTRUCTION CO., INC., EQUAL ACCESS TO JUSTICE ACT
CONTESTANT
Docket No. EAJ 91-1
v.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

            DECISION APPROVING SETTLEMENT

Before: Judge Morris

 This case is an application under the Equal Access Justice

Act, 5 U.S.C. 504 (1988) as implemented by Commission Rules at
29 C.F.R. Part 2704.

 This matter arises from Beco Construction Co., Inc. Docket

Nos. WEST 91-25-RM and WEST 91-26-RM.

 Prior to a hearing, the parties reached an amicable

settlement.

 In view of the settlement between the parties, the caption

case should be and is hereby DISMISSED.

                             John J. Morris
                             Administrative Law Judge

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