Ezel / Agency Decisions / kent-86-166-r-alj
FMSHRC ALJ decision Docket KENT 86-166-R Decided October 8, 1987 Procedural Judge George A. Koutras

Highwire, Incorporated

Highwire, Incorporated (FMSHRC KENT 86-166-R): Citation contest dismissed after withdrawal

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This order from 1987 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 1987
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

Highwire, Incorporated contested Citation No. 2776209 at its No. 1 Mine. When the case was called for a scheduled hearing, Highwire's counsel said the company no longer wished to pursue the contest and asked to withdraw it. Judge George A. Koutras granted the request and dismissed the case. The order does not state a penalty amount or decide the underlying citation.

Decision snapshot

  • Governing provisions: None cited in the order.
  • Outcome: The citation contest was withdrawn and dismissed.
  • Key point: A contestant may withdraw its contest before the scheduled hearing, after which the proceeding is dismissed.

Full text (FMSHRC public release)

CCASE:
HIGHWIRE INC V. SOL (MSHA)
DDATE:
19871008
TTEXT:

Page 2

~1755

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

HIGHWIRE, INCORPORATED, CONTEST PROCEEDING
CONTESTANT
Docket No. KENT 86-166-R
v. Citation No. 2776209; 8/27/86

SECRETARY OF LABOR, No. 1 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

                             ORDER OF DISMISSAL

Appearances: Eugene C. Rice, Esq., Paintsville, Kentucky,
for Contestant; Thomas A. Grooms, Esq.,
Office of the Solicitor, U.S. Department
of Labor, Nashville, Tennessee, for Respondent.

Before: Judge Koutras

 This proceeding was one of eight cases scheduled for hearing

in Paintsville, Kentucky, during the hearing term September
22−23, 1987. When the case was called, contestant's counsel
advised me that the contestant no longer wished to pursue its
contest, and requested that it be permitted to withdraw its
contest. The request was granted, and this case IS DISMISSED.

                              George A. Koutras
                              Administrative Law Judge

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