Ezel / Agency Decisions / VA 89-12-D

Paroki Enterprises, Inc. (ALJ decision, May 15, 1989)

Paroki Enterprises, Inc. (FMSHRC VA 89-12-D): Settled discrimination case dismissed with prejudice

Decision type
ALJ decision
Docket
VA 89-12-D
Decided
May 15, 1989
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Cited standards
29 C.F.R. § 2700.11 30 U.S.C. § 823(d)(1)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Blaine K. Deel brought a discrimination proceeding against Paroki Enterprises involving the No. 1 Truck Mine. The parties jointly asked to dismiss the case after reaching a mutually agreeable settlement. Judge Roy J. Maurer allowed Deel to withdraw the complaint, dismissed the case with prejudice, and cancelled the scheduled May 18, 1989 hearing in Big Stone Gap, Virginia.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11
  • Outcome: The settled discrimination proceeding was dismissed with prejudice, and the scheduled hearing was cancelled.
  • Key point: The judge allowed withdrawal of the complaint after the parties reported a mutually agreeable settlement.

Full text (FMSHRC public release)

CCASE:
BLAINE K. DEEL V. PAROKI ENTERPRISES
DDATE:
19890515
TTEXT:

Page 2

~884
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

BLAINE K. DEEL,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. VA 89-12-D v.
NORT CD 88-12
PAROKI ENTERPRISES, INC.,
RESPONDENT
No. 1 Truck Mine

ORDER OF DISMISSAL

Before: Judge Maurer

The parties have jointly moved to dismiss the captioned case on the grounds that they have reached a mutually agreeable settlement. Under the circumstances herein, permission to withdraw the complaint is granted. 29 C.F.R. 2700.11. The case is therefore dismissed, with prejudice, as requested by the parties; and the hearing set for May 18, 1989, in Big Stone Gap, Virginia is cancelled.

Roy J. Maurer
Administrative Law Judge

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