Ezel / Agency Decisions / KENT 90-429

Ramblin Coal Company, Inc. (ALJ decision, June 9, 1993)

Ramblin Coal Company, Inc. (FMSHRC KENT 90-429): Remanded citations dismissed as moot

Decision type
ALJ decision
Dockets
KENT 90-429, KENT 90-430
Decided
June 9, 1993
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Cited standards
29 C.F.R. § 2700.27
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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

The Secretary asked to dismiss the portions of two Ramblin Coal Company cases that had been remanded for further action because the remanded citations were moot. The civil penalties had been recalculated, were not contested by the operator, and became final Commission orders under 29 C.F.R. § 2700.27. Judge William Fauver granted the motion and dismissed both dockets. The earlier decision on citations that were not remanded remained in effect.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.27
  • Outcome: The dismissal motion was granted, and KENT 90-429 and KENT 90-430 were dismissed.
  • Key point: Once recalculated penalties become final Commission orders without contest, a remanded portion of the case may be dismissed as moot.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 90-429 Petitioner : A.C. No. 15-16685-03510
v. :
: Docket No. KENT 90-430
RAMBLIN COAL COMPANY, INC., : A.C. No. 15-16685-03511 Respondent :
: No. 8 Mine

ORDER OF DISMISSAL

The Secretary has moved to dismiss the part of these cases remanded by Order of February 2, 1993, on the ground that the remanded citations are now moot. The civil penalties were recalculated, not contested by the operator, and therefore became a final order of the Commission under 29 C.F.R. § 2700.27.

The decision of June 22, 1992, disposing of the citations not remanded to the Secretary stands.

All citations thus being disposed of, it is ORDERED that the motion to dismiss is GRANTED and these cases are DISMISSED.

William Fauver
Administrative Law Judge

Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN
37215 (Certified Mail)

Billy R. Shelton, Esq., Baird, Baird, Baird and Jones, P. O. Box
351, Pikeville, KY 41501 (Certified Mail)

/fcca

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