Ezel / Agency Decisions / SE 94-363-RM

Vulcan Materials Co. (ALJ decision, October 2, 1995)

Vulcan Materials Co. (FMSHRC SE 94-363-RM): Contest withdrawn and case dismissed

Decision type
ALJ decision
Docket
SE 94-363-RM
Decided
October 2, 1995
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1995 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1995
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.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. 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 agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Vulcan Materials contested a citation issued at the Rockingham Quarry. At hearing, Vulcan requested permission to withdraw its contest. Judge Gary Melick granted the request under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The contest was withdrawn with permission, and the case was dismissed.
  • Key point: The ALJ granted the contestant's request to withdraw its contest.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, Suite 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

October 2, 1995

VULCAN MATERIALS COMPANY, : CONTEST PROCEEDING Contestant :
:
v. : Docket No. SE 94-363-RM
: Citation No. 4305646; 03/02/94
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH : Rockingham Quarry ADMINISTRATION (MSHA), : I.D. No. 31-00198
Respondent :

ORDER OF DISMISSAL

Appearances: Leslie John Rodriguez, Esq., Office of the Solicitor, U.S. Department of Labor, Atlanta, Georgia, for the Respondent; William K. Doran, Esq., Smith, Heenan & Althen, Washington, D.C., for the Contestant.

Before: Judge Melick

At hearing Contestant requested approval to withdraw its Contest in the captioned case. Under the circumstances, permission to withdraw was granted. 29 C.F.R. § 2700.11. This case is therefore dismissed.

Gary Melick
Administrative Law Judge

Distribution:

Leslie John Rodriguez, Esq., Office of the Solicitor, U.S. Dept. of Labor, 1371 Peachtree Street, N.E., Room 339, Atlanta, GA 30367

William K. Doran, Esq., Smith, Heenan & Althen, 1110 Vermont Ave., N.W., Suite 400, Washington, D.C. 20005

/jf

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