Secretary of Labor v. Tarmac America, LLC (Commission decision, April 1, 2010)

Plain-English summary

Tarmac America asked the Commission to reopen a final penalty assessment. Eight days later, the company decided to pay the assessment in full. Its counsel asked to withdraw the pending reopening request. The Commission granted the withdrawal.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: The reopening request was withdrawn after the operator decided to pay the assessment in full.
• Key point: A reopening proceeding ends when the operator elects to pay and withdraws 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 1, 2010

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

TARMAC AMERICA, LLC

:

:

Docket No. SE 2010-538-M

A.C. No. 08-00051-195649

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 March 10, 2010, the Commission received from Tarmac America, LLC (“Tarmac America”) 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 18, 2010, the Commission received a motion from Tarmac America’s counsel stating that the operator has decided to pay the penalty assessment at issue in full and requesting that Tarmac America’s pending request to reopen the assessment be withdrawn.

Having reviewed Tarmac America’s request and its motion to withdraw the request, we hereby grant Tarmac America’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

William K. Doran, Esq.

Denise E. Giraudo, Esq.

Ogletree, Deakins, Hash, Smoak & Stewart, P.C.

2400 N Street, N.W., 5th Floor

Washington, D.C. 20037

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., 22nd Floor

Arlington, VA 22209-2296