Ezel / Agency Decisions / LAKE 80-413-R

Secretary of Labor (MSHA) v. Monterey Coal Company (Commission decision, August 10, 1983)

Secretary of Labor (MSHA) v. Monterey Coal Company (FMSHRC LAKE 80-413-R): Reconsideration petition denied

Decision type
Commission decision
Dockets
LAKE 80-413-R, LAKE 81-59
Decided
August 10, 1983
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1983, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1983
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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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

A party sought reconsideration of the Commission's June 13, 1983 decision in the Monterey Coal matter. The Commission considered the petition and the opposition. It denied reconsideration because the request identified no material factual or legal issue that the Commission had not already considered and resolved. This order does not state the underlying citation issues or assess a new penalty.

Decision snapshot

  • Cited standard(s): None stated in this reconsideration order.
  • Outcome: Petition for reconsideration denied; June 13 decision left in place.
  • Key point: The Commission found no unresolved material issue warranting further review.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MONTEREY COAL
DDATE:
19830810
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
August 10, 1983

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
Docket Nos. LAKE 80-413-R
v. LAKE 81-59

MONTEREY COAL COMPANY

ORDER

Upon consideration of the petition for reconsideration of the Commission's June 13, 1983, decision in this matter, and the opposition thereto, the petition is denied. The request for reconsideration identifies no material factual or legal issue that was not fully considered, addressed, and resolved by the Commission. Therefore, further consideration by us is not warranted.
L. Clair Nelson, Commissioner

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