Ezel / Agency Decisions / PENN 86-287-R

Bethenergy Mines, Inc. (ALJ decision, October 16, 1986)

Bethenergy Mines, Inc. (FMSHRC PENN 86-287-R): Contest withdrawal granted

Decision type
ALJ decision
Docket
PENN 86-287-R
Decided
October 16, 1986
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-26
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 1986 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 1986
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.
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 Commission precedent. 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

Bethenergy Mines, Inc. asked to withdraw its contest of Citation No. 2695988, issued on August 20, 1986, at Livingston Portal 84. Judge Gary Melick granted permission under 29 C.F.R. § 2700.11 and dismissed the contest proceeding. The order does not decide the underlying citation's merits.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The contest withdrawal was granted and the case was dismissed.
  • Key point: An operator may withdraw a contest with permission under the Commission's procedural rule.

Full text (FMSHRC public release)

CCASE:
BETHENERGY MINES V. SOL (MSHA)
DDATE:
19861016
TTEXT:

Page 2

~1567

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

BETHENERGY MINES, INC.,
CONTEST PROCEEDING
CONTESTANT
Docket No. PENN 86-287-R
v. Citation No. 2695988; 8/20/86

SECRETARY OF LABOR
Livingston Portal 84
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

ORDER OF DISMISSAL

Appearances: R. Henry Moore, Esq., Rose, Schmidt, Chapman & Hasley, Pittsburgh, Pennsylvania, for Contestant;
Robert M. Cohen, Esq., Office of the Solicitor, Department of Labor, Arlington, Virginia, for Respondent.

Before: Judge Melick

Contestant requests approval to withdraw its Contest in the captioned case. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The case is therefore dismissed.

Gary Melick
Administrative Law Judge

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