Ezel / Agency Decisions / kent-88-23-r-commission
FMSHRC Commission decision Docket KENT 88-23-R, KENT 88-24-R, KENT 88-25-R, KENT 88-26-R, KENT 88-27-R Decided June 6, 1988 Remanded

Rivco Dredging Corporation

Rivco Dredging Corporation (FMSHRC KENT 88-23-R and related dockets): Remand amended to remove moot docket

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This is citable Commission precedent from 1988, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1988
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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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

Rivco Dredging Corporation sought discretionary review in five related contest dockets. After the Commission remanded the cases, the Administrative Law Judge reported that KENT 88-27-R was moot because the Secretary had already vacated its citation. The Commission amended its remand order to delete that docket, finding that its inclusion had been an administrative error.

Decision snapshot

  • Cited standards: None stated in the release.
  • Outcome: The Commission amended its remand order to remove KENT 88-27-R from the matters for review; the other listed dockets remained subject to remand.
  • Key point: A Commission remand order can be corrected administratively when a docket has already become moot.

Full text (FMSHRC public release)

CCASE:
RIVCO DREDGING V. MSHA
DDATE:
19880606
TTEXT:
FMSHRC-WDC
June 6, 1988
RIVCO DREDGING CORPORATION
v. Docket Nos. KENT 88-23-R
88-24-R
88-25-R
88-26-R
SECRETARY OF LABOR, 88-27-R
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

BEFORE: Ford, Chairman; Doyle, Lastowka and Nelson,
Commissioners
AMENDED ORDER
BY THE COMMISSION:
These five cases had been the subject of a Petition for
Discretionary Review filed by RIVCO Dredging Corporation on
May 9, 1988. On May 25, 1988, the Secretary filed a response
to the same five docket numbers. On May 26, 1988 this Commission
issued an order remanding the cases.
Upon remand, the administrative law judge noted that
Docket No. KENT 88-27-R had become moot because the Secretary
had previously vacated the citation associated with that docket;
Citation No. 2985270. The judge submitted an inquiry to the
Commission asking if his dismissal of KENT 88-27-R was appropriate.
~704
In view of the previous vacation of Citation No. 2985270,
inclusion of KENT 88-27-R in the Commission's remand order was
an administrative error. Therefore the May 26, 1988 Order is
amended to delete KENT 88-27-R from the matters to be considered
by the judge.
Distribution
Gene A. Wilson, President
Rivco Dredging Corporation
P.0. Box 702
Louisa, Kentucky 41230
G. Elaine Smith, Esq.
Office of the Solicitor
U.S. Department of Labor
2002 Richard Jones Road
Suite B-201

Page 2

Nashville, Tennessee 37215
Dennis Clark, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, VA 22203
Administrative Law Judge Roy Maurer
Federal Mine Safety & Health Review Commission
5203 Leesburg Pike, Suite 1000
Falls Church, Virginia 22041

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