Ezel / Agency Decisions / se-2016-0193-commission
FMSHRC Commission decision Docket SE 2016-0193 Decided October 26, 2020 Procedural

Secretary of Labor v. Prospect Mining and Development Company, Inc.

Secretary of Labor v. Prospect Mining and Development Company, Inc. (FMSHRC SE 2016-0193): Reopening request withdrawn and case dismissed

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Currency note: this decision dates from 2020
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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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 Commission's own document.
Read the official release (fmshrc.gov)

Plain-English summary

Prospect Mining asked the Commission to reopen the case in August 2019. The company later told the Commission that it no longer wished to pursue reopening. Because the request was abandoned, the Commission did not decide whether relief from the existing order was warranted. It dismissed the case.

Decision snapshot

  • Cited authority: None
  • Outcome: The case was dismissed after the operator abandoned its reopening request.
  • Key point: An operator's withdrawal of its request ended the reopening proceeding.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

October 26, 2020

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH     

ADMINISTRATION
(MSHA)        

v.

PROSPECT
MINING AND DEVELOPMENT COMPANY, INC.

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:

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:

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:

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Docket
No. SE 2016-0193

A.C.
No. 01-03389-405410

BEFORE:  Rajkovich,
Chairman; Althen and Traynor, 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. (2018) (“Mine Act”). On August 6, 2019, the Commission received
from Prospect Mining and Development Company, Inc., (“Prospect”) a motion to
reopen the above-captioned case. Prospect thereafter informed the Commission
that it no longer had any desire to reopen this matter.

Accordingly, this case is dismissed.

/s/ Marco M. Rajkovich, Jr.

Marco
M. Rajkovich, Jr., Chairman

/s/
William I. Althen

William
I. Althen, Commissioner

/s/
Arthur R. Traynor, III

Arthur R. Traynor, III, Commissioner

Distribution (e-mail):

JD
Morris

Safety
Director.

[email protected]

Emily
Scott, Esq.

Office
of the Solicitor

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal
Mine Safety & Health Review Commission

[email protected]

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

[email protected]

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