Daniel Lee Coal Co., Inc. (Commission decision, November 16, 1993)

Plain-English summary

The Commission considered the Secretary of Labor's motion to correct a clerical error in a final order issued by the Chief Administrative Law Judge. The judge's order had become final 40 days after issuance under 30 U.S.C. § 823(d)(1). Applying its procedural rule for correcting clerical errors in final orders, the Commission granted the motion, reopened the case, and remanded it to the judge with permission to correct the error.

Decision snapshot

• Cited authority: 30 U.S.C. § 823(d)(1) and 29 C.F.R. § 2700.69(c)
• Outcome: The Commission granted the motion, reopened the case, and remanded it to the judge.
• Key point: The Commission may authorize correction of a clerical error in a final ALJ order under its procedural rules.

Full text (FMSHRC public release)

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SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
:
:
v. : Docket No. KENT 91-187
:
DANIEL LEE COAL CO., INC.
:
:

BEFORE: Holen, Chairman; Backley, Doyle and Nelson, Commissioners

ORDER

BY THE COMMISSION:

Chief Administrative Law Judge Paul Merlin has referred to the Commission the Secretary of Labor's Motion to Correct Clerical Error in an order he issued on June 10, 1992. The judge's order became a final order of the Commission 40 days after its issuance. 30 U.S.C. 823(d)(1). Under Commission Procedural Rule 69(c), 58 Fed. Reg. 12158, 12171 (March 3, 1993), to be codified at 29 C.F.R. 2700.69(c)(1993), a judge may correct clerical errors in a final order with leave of the Commission. Upon consideration of the Secretary's motion, it is granted. We reopen the case, remand the matter to the judge, and grant him leave to correct the error.

Arlene Holen, Chairman

Richard V. Backley, Commissioner

Joyce A. Doyle, Commissioner

L. Clair Nelson, Commissioner