Ezel / Agency Decisions / KENT 91-1136

Edd Potter Coal Company (ALJ decision, October 18, 1991)

Edd Potter Coal Company (FMSHRC KENT 91-1136 and KENT 91-680-R through KENT 91-697-R): Proceedings stayed pending criminal case

Decision type
ALJ decision
Dockets
KENT 91-1136, KENT 91-680-R, KENT 91-681-R, KENT 91-682-R, KENT 91-683-R, KENT 91-684-R, KENT 91-685-R, KENT 91-686-R, KENT 91-687-R, KENT 91-688-R, KENT 91-689-R, KENT 91-690-R, KENT 91-691-R, KENT 91-692-R, KENT 91-693-R, KENT 91-694-R, KENT 91-695-R, KENT 91-696-R, KENT 91-697-R
Decided
October 18, 1991
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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.
Interlocutory ALJ order, not Commission precedent
This order stays the contest and penalty proceedings pending a criminal case. It does not dispose of the proceeding or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

Edd Potter Coal Company was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 2 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to dismiss pending civil penalty proceedings involving the dust-sampling laws. Judge James A. Broderick granted the motion to stay and paused the proceedings until the related criminal proceedings were concluded.

Decision snapshot

  • Cited standards: None identified in the release.
  • Outcome: The motion to stay was granted, and the proceedings were stayed until the related criminal proceedings concluded.
  • Key point: The ALJ paused the contest and civil penalty proceedings while the parties' related criminal proceedings were pending.

Full text (FMSHRC public release)

CCASE:
EDD POTTER COAL V. SOL (MSHA)
DDATE:
19911018
TTEXT:

Page 2

~1772
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

EDD POTTER COAL COMPANY,
CONTEST PROCEEDINGS
CONTESTANT
Docket No. KENT 91-680-R
v. through KENT 91-697

SECRETARY OF LABOR,
Mine No. 2
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 91-1136
PETITIONER
A.C. No. 15-05436-03531D

v. Mine No. 2

EDD POTTER COAL COMPANY,
RESPONDENT

ORDER STAYING PROCEEDINGS

On September 27, 1991, Counsel for Contestant/Respondent filed a motion to stay further proceedings in these cases. As grounds for the motion Contestant/Respondent states that it has entered into an agreement to plead guilty to a charge of conspiracy to defraud the Mine Safety and Health Administration in connection with Contestant/Respondent's dust sampling program. As part of the plea bargain agreement, the Secretary of Labor has agreed to move to dismiss any pending civil penalty proceedings for violations of the laws governing the dust sampling program.

The motion states that Counsel for the Secretary consents to the entry of an order staying these proceedings.

Premises considered, the motion is GRANTED. The above proceedings are STAYED until all criminal proceedings concerning Contestant/Respondent have been concluded.

James A. Broderick
Administrative Law Judge

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