Banner Blue Coal Company (Commission decision, May 1, 2008)

Plain-English summary

Banner Blue Coal Company asked the Commission to reopen a final penalty assessment. Two months later, the company withdrew its motion and requested dismissal. The Commission granted the withdrawal and dismissed the proceeding without addressing whether the assessment should be reopened.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: The reopening proceeding was dismissed at the operator's request.
• Key point: Withdrawing a reopening motion ends the proceeding without a ruling on good cause or the underlying penalties.

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, D.C. 20001

May 1, 2008

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

BANNER BLUE COAL COMPANY

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Docket No. VA 2008-95

A.C. No. 44-07046-122850

BEFORE: Duffy, Chairman; Jordan and Young, 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. (2000) (“Mine Act”). On January 28, 2008, the Commission received from Banner Blue Coal Company (“Banner Blue”) a motion 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 28, 2008, the Commission received from Banner Blue a “notice of withdrawal
of motion to re-open,” in which the operator asked that its motion to re-open be withdrawn and
that the Commission dismiss this proceeding.

Banner Blue’s request is granted, and, accordingly, this proceeding is dismissed. 

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Michael F. Duffy, Chairman

______

Mary Lu Jordan, Commissioner

______

Michael G. Young, Commissioner

Distribution:

Noelle Holladay True, Esq.

Rajkovich, Williams, Kilpatrick & True, PLLC

2333 Alumni Park Plaza

Suite 310

Lexington, KY 40517

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Myra James, Chief

Office of Civil Penalty Compliance

MSHA

U.S. Department of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021