Secretary of Labor v. Faust and Miller Coal Company (ALJ decision, October 18, 1984)

Secretary of Labor v. Faust and Miller Coal Company (FMSHRC PENN 84-175): Penalty case dismissed after withdrawal

Decision type

ALJ decision

Docket

PENN 84-175

Decided

October 18, 1984

Presiding judge

Gary Melick

Outcome

Procedural

Precedential status

Final order, not precedent

Checked against source

2026-10-20

Cited standards

29 C.F.R. § 2700.11

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1984 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.

Final ALJ decision, not Commission precedent

This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. 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.

Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.

Read the official release (fmshrc.gov)

Plain-English summary

MSHA brought a civil penalty case against Faust and Miller Coal Company concerning its breaker. At the hearing, the Secretary of Labor asked to withdraw the penalty petition because the evidence was insufficient to support the citation and order. Judge Gary Melick allowed the withdrawal under the Commission's procedural rule and dismissed the case. The order assesses no penalty and does not decide whether the alleged violation occurred.

Decision snapshot

Cited provision: 29 C.F.R. § 2700.11, withdrawal of a pleading.
Outcome: Petition withdrawn and civil penalty case dismissed; no penalty assessed.
Key point: The Secretary said the evidence did not support the citation and order.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
OCT 1.8 1984
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket Mo. PENN 84-175
Petitioner
: A.C. No. 36-07556-03501
v. :
: Faust and Miller Breaker
FAUST AND MILLER COAL COMPANY,; :
Respondent
:

ORDER OF DISMISSAL
Appearances: Mark V. Swirsky, Esq., Office of the Soli- citor, U.S. Department of Labor, Philadel- phia, Pennsylvania, for Petitioner;
W. J. Krencewicz, Esq., Shenandoah, Pennsyl- vania, for Respondent.
Before: Judge Melick
At hearing, Petitioner requested approval to withdraw his Petition for Civil Penalty in the captioned case for the reason that there is insufficient evidence to support the citation and order therein. Under the circumstances, per- mission to withdraw is granted. 29 CFR § 2700.11. The case is therefore dismissed.

Gary Melick
Assistant Chief Administrative Law Judge

Distribution:

Mark V. Swirsky, Esq., Office of the Solicitor, U.S. De- partment of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail)

W.J. Krencewicz, Esq., 24 West Centre Street, Shenandoah, PA 17976 (Certified Mail)

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