Secretary of Labor v. Martin Marietta Materials, Inc. (Commission decision, April 27, 2010)

Plain-English summary

Martin Marietta Materials asked the Commission to reopen a final penalty assessment. Before the Commission ruled on that request, the company decided to pay the assessment in full. Its counsel then moved to withdraw the reopening request. The Commission granted the withdrawal.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: The request to reopen was withdrawn after full payment, and the Commission granted the withdrawal.
• Key point: An operator may end a reopening proceeding by paying the assessment and withdrawing its request.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

April 27, 2010

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

v.

MARTIN MARIETTA MATERIALS, INC.

:

:

CIVIL PENALTY PROCEEDING

Docket No. SE 2010-394-M

A.C. No. 09-00075-196270

BEFORE: Jordan, Chairman; Duffy, Young, and Cohen, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2006) (“Mine Act”). On January 22, 2010, the Commission received from Martin Marietta Materials, Inc. (“Martin Marietta”) a motion by counsel seeking to reopen a penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

On March 12, 2010, the Commission received a motion from Martin Marietta’s counsel stating that the operator has decided to pay the penalty assessment at issue in full and requesting that Martin Marietta’s pending request to reopen the assessment be withdrawn.

Having reviewed Martin Marietta’s request and its motion to withdraw the request, we hereby grant Martin Marietta’s motion to withdraw its request to reopen.

______

Mary Lu Jordan, Chairman

______

Michael F. Duffy, Commissioner

______

Michael G. Young, Commissioner 

______

Robert F. Cohen, Jr., Commissioner

Distribution:

Karen L. Johnston, Esq.

Jackson Kelly PLLC

1099 18th Street, Suite 2150

Denver, CO 80202

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220 

Arlington, VA 22209-2296

Myra James, Chief

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

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

Washington, D.C. 20001-2021