Consol Pennsylvania Coal Company (ALJ decision, December 16, 1994)
Consol Pennsylvania Coal Company (FMSHRC PENN 95-11): Case dismissed after citation vacated
Apply this to your situation
This order from 1994 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.
Plain-English summary
Consol Pennsylvania Coal Company's Bailey Mine was the respondent in a civil penalty proceeding involving one alleged violation. Judge Paul Merlin allowed an MSHA Conference and Litigation Representative to represent the Secretary under the Commission's regulations. MSHA later vacated the citation, and the judge dismissed the case. No penalty remained to be assessed.
Decision snapshot
- Cited provision: 29 C.F.R. § 2700.3(b)(4)
- Outcome: The case was dismissed after MSHA vacated the one violation at issue.
- Key point: When MSHA vacates the only violation in a penalty proceeding, the ALJ may dismiss the case.
Full text (FMSHRC public release)
CCASE:
SOL (MSHA) V. CONSOL PENNSYLVANIA COAL
DDATE:
19941216
TTEXT:
Page 2
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SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 95-11
Petitioner : A. C. No. 36-07230-03761 :
v. : Bailey Mine
:
CONSOL PENNSYLVANIA COAL :
COMPANY,
:
Respondent :
ORDER ACCEPTING APPEARANCE
ORDER OF DISMISSAL
Before: Judge Merlin
The penalty petition in the above-captioned case was filed on behalf of the Secretary by a "Conference and Litigation Representative", hereafter referred to as a CLR. In the cover letter to the petition the CLR advises that he is an employee of the Mine Safety and Health Administration who has been trained and designated as a CLR and is authorized to represent the Secretary in accordance with an attached Limited Notice of Appearance. In the notice the CLR states that he is authorized to represent the Secretary in all prehearing matters and that he may appear at a hearing if an attorney from the Solicitor's office is also present.
Subparagraph (4) of section 2700.3(b) of the Commission's regulations, 29 C.F.R. 2700.3(b)(4), provides that an individu- al who is not authorized to practice before the Commission as an attorney may practice before the Commission as a representative of a party with the permission of the presiding judge. In reviewing this matter, note is taken of the fact that more than 5,000 new cases were filed with the Commission in Fiscal 1994. Obviously, a caseload of this magnitude imposes strains upon the Secretary's resources as well as those of this Commission. It appears that the Secretary is attempting to allocate his resourc- es in a responsible matter. Therefore, I exercise the discretion given me by the regulations, cited above, and determine that in this case the CLR may represent the Secretary in accordance with the notice he has filed.
The CLR has filed a motion to dismiss because MSHA has vacated the one violation involved in this matter. The CLR has attached a copy of MSHA's subsequent action vacating the citation.
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In light of the foregoing, it is ORDERED that this case be DISMISSED.
Paul Merlin
Chief Administrative Law Judge
Distribution: (Certified Mail)
Gerald F. Moody, Jr., Conference and Litigation Representative, U. S. Department of Labor, MSHA, 200 James Place Monroeville, PA 15146
Elizabeth S. Chamberlin, Esq., Consol Inc., 1800 Washington Road, Pittsburgh, PA 15241
/gl
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