Whayne Supply Company (ALJ decision, March 18, 1997)

Plain-English summary

Whayne Supply Company contested an MSHA order. On remand, Judge Gary Melick found the proceeding moot because the Secretary had not timely sought Commission review and the earlier ALJ decision vacating the underlying order was final. The judge dismissed the case.

Decision snapshot

• Governing provision: 30 U.S.C. § 823(d)(1)
• Outcome: The remand proceeding was dismissed as moot, and the earlier ALJ decision vacating the underlying order remained final.
• Key point: When timely Commission review is not sought, an ALJ decision vacating the underlying order becomes final.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

March 18, 1997

WHAYNE SUPPLY COMPANY,
: CONTEST PROCEEDING
Contestant
:
v. : Docket No. KENT 94-518-R
: Order No. 4011758;1/25/94
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
: Job No. 17A
ADMINISTRATION (MSHA),
:
Respondent
:

ORDER OF DISMISSAL ON REMAND

Before: Judge Melick

This Contest Proceeding is moot. The Secretary failed to seek timely review of this proceeding before the Commission. The decision of the administrative law judge vacating the underlying order is therefore final. Under the circumstances this case on remand is dismissed.

Gary Melick
Administrative Law Judge
703-756-6261

Distribution:

Yoora Kim, Esq., Office of the Solicitor, U.S. Dept. of Labor, 4015 Wilson Blvd., Suite 400, Arlington, VA 22203

Brian W. Dougherty, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215

Andrew J. Russell, Esq., Smith & Smith, 400 North, First Trust Centre, 200 South Fifth Street, Louisville, KY 40202

/jf