Mullin Creek Coal Co., Inc. (Commission decision, April 20, 1981)

Plain-English summary

Mullin Creek Coal asked the Commission to review a judge's bench decision. The judge had not yet issued a written opinion when the operator filed its petition. The Commission dismissed the petition as premature and allowed the operator to file it again after the written opinion issued. This order did not decide the underlying allegations or assess a penalty.

Decision snapshot

• Cited authority: 30 U.S.C. § 823(d)(1); Commission Rule 65(a)
• Outcome: Review petition dismissed as premature, subject to refiling; no penalty decided.
• Key point: A petition for review of a bench decision was premature before the judge issued a written opinion.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

April 20, 1981

SECRETARY OF LABOR
MINE SAFETY Ai.'fD HEALTH
ADMINISTRATION (MSHA)

v. Docket No. KENT 81-17-D

MULLIN CREEK COAL CO., INC.

ORDER

A document entitled "Petition for Full Commission Review of Bench Decision" was filed with the Commission by the operator on April 16,
1981. As of this date, however, the judge has not reduced his•bench
decision to writing. Accordingly, the petition is dismissed as premature,
subject to refiling after the issuance of a written opinion by the judge.
(29 USC 823(d)(l), Commission Rule 65(a), Council of Southern Mountains,
v. Martin County Coal Corp., 2 FMSHRC 3216 (November 12, 1980)).

                                                                     81-4-9

                                  847