Secretary of Labor (MSHA) v. Belcher Mine, Inc. (Commission decision, June 1, 1984)

Plain-English summary

In a proceeding involving Belcher Mine, the administrative law judge sent a May 25, 1984 letter purporting to explain his April 26 decision. Commissioner Frank F. Jestrab rejected the letter as an improper circumvention of the Commission's procedural rules and returned it to the judge. The order did not rule on the underlying citation or penalty.

Decision snapshot

• Cited standard: None in this procedural order.
• Outcome: Judge's explanatory letter rejected and returned; no penalty decided.
• Key point: An explanatory letter from a judge could not bypass the Commission's procedural rules.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BELCHER MINE
DDATE:
19840601
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, D.C. 20006
June 1, 1984

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
Docket No. SE 84-4-M
v.

BELCHER MINE, INC.

ORDER

The administrative law judge's letter of May 25, 1984, purporting to explicate his April 26, 1984, decision in this matter is rejected as an improper circumvention of the Commission's Rules of Procedure, and is hereby returned to him. Cf Pontiki Coal Corp., Docket No. KENT 83-181-R, etc. (Order, May 23, 1984); Canterbury Coal Co., 1 FMSHRC 335 (1979); Peabody Coal Co., 2 FMSHRC 1035 (1980);
Penn Allegh Coal Co., Docket No. PITT 79-97-P (Order, January 3,
1979).
Frank F. Jestrab,
Commissioner