Chestnut Coal (ALJ decision, January 19, 2007)

Plain-English summary

Chestnut Coal filed five contests involving citations and orders issued at its No. 10 Slope mine. The Secretary later proposed civil penalties for the alleged violations, and Chestnut Coal contested those penalties in a separate proceeding. Judge Michael E. Zielinski found that the penalty case would resolve all issues concerning the alleged violations and the proposed penalties. He therefore dismissed the five contest cases without prejudice. The Commission later reviewed this dismissal order.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(a) and 815(d)
• Outcome: Five contest proceedings were dismissed without prejudice because the related civil penalty case would resolve all disputed issues.
• Key point: A pending penalty proceeding can make separate contest cases unnecessary when it will resolve the same alleged violations and penalties.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001

January 19, 2007

CHESTNUT COAL,

Contestant

v.

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Respondent

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CONTEST PROCEEDINGS

Docket No. PENN 2006-145-R
Citation No. 7008707;03/02/2006

Docket No. PENN 2006-146-R
Order No. 7008708;03/02/2006

Docket No. PENN 2006-147-R
Order No. 7008709;03/02/2006

Docket No. PENN 2006-148-R
Citation No. 7008710;03/02/2006

Docket No. PENN 2006-149-R
Citation No. 7008711;03/02/2006

No. 10 Slope

Mine ID 36-07059

ORDER OF DISMISSAL WITHOUT PREJUDICE

These cases are before me on Notices of Contest filed pursuant to section 105(d) of the Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d). The Secretary has issued proposed civil penalties for the alleged violations and the operator has contested those penalties pursuant to section 105(a) of the Act. The Secretary has filed a petition for assessment of civil penalties and the operator has filed an answer. See Commission Docket No. PENN 2006-272. All issues related to the alleged violations and the amount of the proposed penalties will be resolved in the civil penalty proceeding.

Accordingly, these contest cases are hereby DISMISSED WITHOUT PREJUDICE.

Michael E. Zielinski

Administrative Law Judge

202 434-9981

Distribution:

Adele L. Abrams, Esq., Law Office, 4740 Corridor Place, Suite D, Beltsville, MD 20705

Mark V. Swirsky, Esq., Office of the Solicitor, U.S. Department of Labor, The Curtis Center, Suite 630E, 170 S. Independence Mall West, Philadelphia, PA 19106-3306

/mh