Ezel / Agency Decisions / NORT 78-417-P

Secretary of Labor (MSHA) v. Clinchfield Coal Company (Commission decision, May 8, 1979)

Clinchfield Coal Company (FMSHRC NORT 78-417-P): Late reconsideration petition dismissed

Decision type
Commission decision
Docket
NORT 78-417-P
Decided
May 8, 1979
Outcome
Procedural
Precedential status
Not precedent (judge's decision affirmed without review)
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1979 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 1979
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.
Judge's decision affirmed without review, not precedent
The Commission declined to review the merits and affirmed the judge's decision, which therefore carries only the weight of an unreviewed judge's decision: it binds the parties but is not Commission precedent.
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 Commission denied Clinchfield's petition for discretionary review of a judge's decision. Clinchfield then asked the Commission to reconsider, but filed that request after the judge's decision had become final under the Mine Act's 40-day rule. The Commission dismissed the late request without reviewing the underlying case. This order identifies no safety standard, violation finding, or penalty amount.

Decision snapshot

  • Governing provision: 30 U.S.C. § 823(d)(1), under which a judge's decision becomes final after 40 days unless Commission review is directed.
  • Outcome: Reconsideration petition dismissed as late; judge's decision remained final without Commission merits review.
  • Key point: The Commission did not reopen a judge's decision after the statutory 40-day finality point.

Full text (FMSHRC public release)

CCASE:
MSHA V. CLINCHFIELD COAL
DDATE:
19790508
TTEXT:

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
May 8, 1979

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

v. Docket No. NORT 78-417-P

CLINCHFIELD COAL COMPANY
ORDER

On April 23, 1979, the Commission denied a petition for discretionary review filed by Clinchfield Coal Company. On May 2, 1979, Clinchfield filed a petition seeking reconsideration.

The judge's decision was issued on March 12, 1979.
Section 113 (d)(1) of the Federal Mine Safety and Health Act, 30 U.S.C.A. $ 823(d) (1) provides that "[t]he decision of the administrative law judge ... shall become the final decision of the Commission 40 days after issuance unless within such period the Commission has directed that such decision shall be reviewed by the Commission." The judge's decision became final on April 23, 1979. Clinchfield's petition for reconsideration was filed after this date and is, therefore, dismissed.

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