Secretary of Labor v. White County Coal, LLC (Commission decision, February 15, 2018)

Plain-English summary

The ALJ asked for permission to amend an October 24, 2017 settlement-approval decision to correct a clerical error. That decision had already become a final Commission order after the 40-day review period. Commission procedural rules permit an ALJ to correct a clerical error in a final decision only with Commission leave. The Commission granted the request, reopened the case, and remanded it to the Judge to make the requested correction. The official order does not describe the clerical error.

Decision snapshot

• Cited authority: 30 U.S.C. § 823(d)(1) and 29 C.F.R. § 2700.69(c)
• Outcome: The final settlement decision was reopened and remanded so the ALJ could correct a clerical error.
• Key point: An ALJ may correct a clerical error after a decision becomes final only after obtaining leave from the Commission.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY OF
LABOR,                             :

MINE SAFETY AND
HEALTH                    :

ADMINISTRATION
(MSHA)                       :

:        Docket No. LAKE 2017-0148

v.                                              
 :

:

WHITE COUNTY
COAL, LLC                      :

BEFORE: Althen, Acting
Chairman; Jordan, Young, and Cohen, Commissioners

ORDER

BY THE
COMMISSION:

On February 9,
2018, Administrative Law Judge Priscilla Rae requested leave of the Commission to amend her Decision Approving Settlement, issued in this proceeding on  October 24, 2017, in order to correct a clerical error. Under section 113(d)(1) of the Act, the Judge’s decision became a final order of the Commission 40 days after its issuance. 30 U.S.C.  § 823(d)(1). However, pursuant to Commission Procedural Rule 69(c), a Judge may correct clerical errors in a final decision with leave of the Commission. 29 C.F.R. § 2700.69(c).

Upon
consideration of the Judge’s request, it is GRANTED . We reopen the case, remand the matter to the Judge, and grant her leave to correct the error as requested.

/s/ William I.
Althen

William I. Althen, Acting Chairman

/s/ Mary Lu Jordan

Mary Lu Jordan, Commissioner

/s/ Michael G.
Young

Michael G. Young, Commissioner

/s/ Robert F.
Cohen, Jr.

Robert F. Cohen, Jr., Commissioner