Ezel / Agency Decisions / kent-96-276-d-alj
FMSHRC ALJ decision Docket KENT 96-276-D Decided July 2, 1996 Procedural Judge Gary Melick

Dynasty Resources, Inc.

Dynasty Resources, Inc. (FMSHRC KENT 96-276-D): Temporary reinstatement proceeding dismissed

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This order from 1996 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 1996
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.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor sought temporary reinstatement for Jimmy D. Carnes in a proceeding involving Dynasty Resources' No. 3 Mine. The Secretary moved to withdraw the application because Carnes had obtained other employment. Judge Gary Melick approved the withdrawal and dismissed the proceeding under Commission Rule 11.

Decision snapshot

  • Cited provision(s): 29 C.F.R. § 2700.11
  • Outcome: The temporary reinstatement proceeding was dismissed after the Secretary withdrew the application.
  • Key point: The ALJ approved withdrawal of the temporary reinstatement application after the complainant obtained other employment.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

              OFFICE OF ADMINISTRATIVE LAW JUDGES
                       2 SKYLINE, Suite 1000
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA 22041


                        July 2, 1996

SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : DOCKET NO. KENT 96-276-D
on behalf of : BARB CD 96-04
JIMMY D. CARNES, :
Complainant : No. 3 Mine
v. : Mine ID 15-17350
:
DYNASTY RESOURCES, INC., :
Respondent :

   ORDER DISMISSING TEMPORARY REINSTATEMENT PROCEEDING

 The Secretary has moved to withdraw his application for

temporary reinstatement on the grounds that the Complainant has
obtained other employment. The motion to withdraw is approved and
these proceedings are dismissed. Commission Rule 11, 29 C.F.R.
' 2700.11.

                        Gary Melick
                        Administrative Law Judge

Distribution:

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

Mr. Saul Akers, Agent for Service, Dynasty Resources, Inc., State
Rt. 1056, P.O. Box 126, McCarr, KY 41544

Mr. Jimmy D. Carnes, H.C. 69, Box 255, Arjay, KY 40902

Tony Oppegard, Esq., Mine Safety Project/ARDF of Kentucky, Inc.,
630 Maxwelton Court, Lexington, KY 40508

/jf

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