Freeman United Coal Company

Plain-English summary

Freeman United contested four citations at the Crown II Mine, but the contests did not include a request to assess civil penalties. After the Commission remanded the proceedings for a penalty assessment, Judge Gary Melick held that the Commission had no jurisdiction to impose a penalty in these contest cases because the Secretary had not filed a penalty petition. He therefore treated the Commission's prior decision as the final disposition of the proceedings.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(d)
• Outcome: The contest proceedings were treated as finally disposed after the Commission's prior decision.
• Key point: A contest proceeding that challenges citation validity without a penalty petition cannot be used to assess a civil penalty after remand.

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 5, 2002

FREEMAN UNITED COAL COMPANY, : CONTEST PROCEEDINGS
:
Contestant : Docket No. LAKE 2000-102-R
: Citation No. 7584882; 6/22/2000
:
: Docket No. LAKE 2000-103-R
v. : Citation No. 7584883; 6/22/2000
:
: Docket No. LAKE 2000-104-R
: Citation No. 7584884; 6/22/2000
:
SECRETARY OF LABOR : Docket No. LAKE 2000-105-R
MINE SAFETY AND HEALTH : Citation No. 7584885; 6/22/2000
ADMINISTRATION, (MSHA), :
Respondent : Crown II Mine
: Mine ID 11-02236

                                      DECISION

Before: Judge Melick

    On June 24, 2002, a Commission majority remanded these Contest Proceedings for a civil

penalty assessment. However these cases were filed with this Commission pursuant to Section
105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq., (1994), the
“Act,” to challenge only the validity of the four “Section 104(a)” citations at bar. No civil
penalty has been sought in these contest cases and the Secretary of Labor has not, to date, filed
any petition or other pleading seeking any civil penalty for the violations charged in these
citations. Under the circumstances, this Commission is without jurisdiction in these contest
cases to assess a civil penalty.

   Accordingly, the Commission majority’s decision on June 24, 2002, effectively

dismissing these Contest Proceedings, must be considered the final disposition of these
proceedings.

                                         Gary Melick
                                         Administrative Law Judge

                                           705

Page 2

Distribution: (Certified Mail)

Timothy M. Biddle, Esq., Edward Green, Esq., Crowell & Moring, LLP, 1001 Pennsylvania
Ave., N.W., Washington, D.C. 20004

Sheila Cronan, Esq., & James Crawford, Esq., Office of the Solicitor, U.S. Department of Labor,
4015 Wilson Blvd., Suite 400, Arlington, VA 22203

\mca

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