Ezel / Agency Decisions / va-2011-583-alj
FMSHRC ALJ decision Docket VA 2011-583, KENT 2013-116, SE 2012-698, VA 2011-650, VA 2012-82, VA 2012-97, WEVA 2012-109, WEVA 2012-243, WEVA 2012-799, WEVA 2012-1049, WEVA 2012-1053, WEVA 2012-1477, WEVA 2012-1482, WEVA 2013-212, WEVA 2012-551-R, WEVA 2012-552-R, WEVA 2012-553-R, WEVA 2012-1496 Decided May 8, 2013 Procedural Judge Priscilla M. Rae

Four Star Resources, LLC Premium Coal Company, Inc. Virginia Fuel Corporation Double Bonus Coal Company Chief Mining, Inc. Superior Processing Inc.

Four Star Resources, LLC, et al. (FMSHRC VA 2011-583, et al.): Nonattorney representative ordered to seek permission in 18 dockets

Apply this to your situation

This order from 2013 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current MSHA standards and Commission precedent, with citations.

Currency note: this decision dates from 2013
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.
Interlocutory ALJ order, not Commission precedent
This representation order did not resolve the citations, contests, or penalties in the 18 proceedings, so it did not dispose of the cases or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). No later Commission review of this order appears in the official index. It 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 Commission's own document.
Read the official release (fmshrc.gov)

Plain-English summary

A nonattorney representative had filed appearances in three earlier matters without first requesting the judge's permission as required by the Commission's procedural rules. Judge Priscilla M. Rae later permitted him to appear in those matters but directed him to request permission and file notices of appearance in every other pending docket before her. He had not done so for the 18 civil-penalty and contest proceedings listed in this order. The judge gave him 15 calendar days to complete the filings and warned that failure could result in denial of permission to practice before her.

Decision snapshot

  • Governing authority: 29 C.F.R. § 2700.3(b)
  • Outcome: The nonattorney representative was ordered to request permission and file notices of appearance within 15 days.
  • Key point: A nonattorney must obtain the presiding judge's permission before representing parties in Commission proceedings.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF THE CHIEF ADMINISTRATIVE LAW JUDGE

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

WASHINGTON, DC 20004-1710

TELEPHONE: 202-434-9958 / FAX: 202-434-9949

May 8, 2013

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

FOUR STAR RESOURCES, LLC,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

PREMIUM COAL COMPANY, INC.,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

VIRGINIA FUEL CORPORATION,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

VIRGINIA FUEL CORPORATION,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

VIRGINIA FUEL CORPORATION,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

VIRGINIA FUEL CORPORATION,

Respondent.

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

DOUBLE BONUS COAL COMPANY,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

DOUBLE BONUS COAL COMPANY,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

CHIEF MINING INC.,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

DOUBLE BONUS COAL COMPANY,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH :

ADMINISTRATION (MSHA),

Petitioner

v.

SUPERIOR PROCESSING INC.,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

CHIEF MINING INC.,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

DOUBLE BONUS COAL COMPANY,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

SUPERIOR PROCESSING, INC.,

Respondent

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

SUPERIOR PROCESSING, INC.,

Respondent

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CIVIL PENALTY PROCEEDINGS

Docket No. KENT 2013-116

A.C. No. 15-18889-302324

Mine: Harlan Strip #1

Docket No. SE 2012-698

A.C. No. 40-03320-299945

Mine: No. 1 Surface

Docket No. VA 2011-583

A.C. No. 44-07283-260200

Mine: Exterior Gob Pile

Docket No. VA 2011-650

A.C. No. 44-07034-263145

Mine: No. 1 Strip

Docket No. VA 2012-82

A.C. No. 44-06947-270590

Mine: Wilson Deep Mine #1

Docket No. VA 2012-97

A.C. No. 44-07283-271855

Mine: Exeter Gob Pile

Docket No. WEVA 2012-109

A.C. No. 46-09020-267973

Mine: No. 65

Docket No. WEVA 2012-243

A.C. No. 46-09020-270867-02

Mine: No. 65

Docket No. WEVA 2012-799

A.C. No. 46-08577-280271

Mine: Jim’s Branch No. 2

Docket No. WEVA 2012-1049

A.C. No. 46-09020-284854

Mine: No. 65

Docket No. WEVA 2012-1053

A.C. No. 46-03303-285612

Mine: Superior Cleaning Plant

Docket No. WEVA 2012-1477

A.C. No. 46-08577-293251

Mine: Jims Branch No. 2

Docket No. WEVA 2012-1482

A.C. No. 46-09020-293520

Mine: No. 65

Docket No. WEVA 2013-212

A.C. No. 46-03303-302798

Mine: Superior Cleaning Plant

CONTEST PROCEEDINGS

Docket No. WEVA 2012-551-R

Order No. 8080745; 01/10/2012

Docket No. WEVA 2012-552-R

Order No. 8080746; 01/10/2012

Docket No. WEVA 2012-553-R

Order No. 8080747; 01/10/2012

CIVIL PENALTY PROCEEDING

Docket No. WEVA 2012-1496

A.C. No. 46-03303-294254

Mine: Superior Cleaning Plant

ORDER TO REQUEST PERMISSION TO PRACTICE AND FILE NOTICE OF
APPEARANCE

Before:            Judge Rae

This case is before me upon a petition for assessment of a civil penalty under section
105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d).

On March 4, 2013, Mr. Bowman, a non-attorney representative filed a Notice of
Appearance on dockets KENT 2012-390, 772 and 773. I denied his Entry of Appearance on
March 25, 2013 under Commission Rule 29 C.F.R.§ 2700.3(b) which requires non-attorneys to
seek permission from the presiding judge to appear before him/her, which he had not done. He
was given 20 days in which to respond, which he did, submitting documentary evidence of his
experience as a former Conference Litigation Representative and MSHA inspector. On April 23,
2013, I then issued an Order granting permission to Mr. Bowman to appear before me on these
three dockets. However, the Order also required he file a request for permission to appear and a
Notice of Appearance on all other dockets he had pending before me. He has not done so.

Mr. Bowman currently has the 18 dockets set forth in the above caption in which he has
not filed a Request for Permission to Practice or a Notice of Appearance. He is therefore ordered
to do so within 15 calendar days from the date of this Order. Failure to do so may result in a
denial of such permission to practice before me.

It is so ORDERED this eighth day of May, 2013.                                                     

/s/ Priscilla M. Rae

Priscilla Rae

Administrative Law Judge

Distribution:

James F. Bowman, P.O. Box 99, Midway, WV 25878

Peggy Langley, Conference Litigation Representative, U.S. Department of Labor, MSHA, 3837 S
US Hwy 25E, Barbourville, KY 40906-0000

Emily K. Hargrove, Attorney, U.S. Department of Labor, Office of the Regional Solicitor, 1100
Wilson Boulevard, 22nd Floor West, Arlington, VA 22209

Matthew R. Epstein, Attorney, U.S. Department of Labor, Office of the Solicitor, 170 S.
Independence Mall West, Suite 630E, The Curtis Center, Philadelphia, PA 19106

Kelly S. Acord, Supervisory CLR, Mine Safety and Health Administration, 1301 Airport Road,
Beaver, WV 25813

George W. Nelson, Conference Litigation Representative, U.S. Department of Labor, Mine
Safety and Health Administration, 1301 Airport Rd., Beaver, WV 25813-1384

Matthew N. Babington, Attorney, U.S. Department of Labor, Office of the Solicitor, 1100
Wilson Boulevard, 22nd Floor West, Arlington, VA 22209

/mep

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