Brown Brothers Sand Company (Commission decision, April 29, 1981)

Plain-English summary

Brown Brothers Sand Company sought Commission review of a judge's bench decision. The judge had not yet put that decision in writing when the operator filed its request. The Commission dismissed the petition as premature but allowed it to be refiled after a written opinion issued. This order did not decide the underlying violation or set a penalty.

Decision snapshot

• Cited authority: The order prints "29 USC 823(d)(1)" (apparently a title-number error); Commission Rule 65(a); Council of Southern Mountains, Inc. v. Martin County Coal Corp., 2 FMSHRC 3216 (Nov. 12, 1980)
• Outcome: Review petition dismissed as premature, with refiling permitted; no penalty decided.
• Key point: The Commission would not review the bench decision before the judge issued a written opinion.

Full text (FMSHRC public release)

CCASE:
MSHA V. BROWN BRO. SAND
DDATE:
19810429
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. April 29, 1981 SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

v. Docket No. SE 80-124-M

BROWN BROTHERS SAND COMPANY
ORDER
A document seeking review of a bench decision was filed with the Commission by the operator on April 21, 1981. As of this date, however, the judge has not reduced his bench decision to writing. Accordingly, the petition is dismissed as premature, subject to refiling after the issuance of a written opinion by the judge. (29 USC 823(d)(1), Commission Rule 65(a), Council of Southern Mountains, Inc. v. Martin County Coal Corp., 2 FMSHRC 3216 (November 12, 1980)).