Ezel / Agency Decisions / KENT 90-26-D

Sun Glow Coal Company, Inc. (ALJ decision, February 15, 1990)

Sun Glow Coal Company, Inc. (FMSHRC KENT 90-26-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
KENT 90-26-D
Decided
February 15, 1990
Presiding judge
Roy J. Maurer
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Goebel Swiney asked to withdraw his discrimination complaint against Sun Glow Coal Company. Judge Roy J. Maurer approved the withdrawal, cancelled the scheduled hearing, and dismissed the case. The order resolved the proceeding without deciding the underlying discrimination allegations.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: Withdrawal was approved, the scheduled hearing was cancelled, and the discrimination case was dismissed.
  • Key point: A complainant may withdraw the case before hearing with the judge's approval.

Full text (FMSHRC public release)

CCASE:
GOEBEL SWINEY V. SUN GLOW COAL
DDATE:
19900215
TTEXT:

Page 2

~219
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

GOEBEL SWINEY,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 90-26-D v.
PIKE CD 89-14
SUN GLOW COAL COMPANY, INC.
RESPONDENT
No. 1 Mine

ORDER OF DISMISSAL

Before: Judge Maurer

The Complainant, Goebel Swiney, requests approval to withdraw his complaint in the captioned case. He no longer desires a hearing concerning this matter. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11.

The hearing presently scheduled on February 13, 1990, in Abingdon, Virginia is cancelled and the case is dismissed.

Roy J. Maurer
Administrative Law Judge

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