Ezel / Agency Decisions / va-91-386-r-through-va-91-397-r-alj
FMSHRC ALJ decision Docket VA 91-386-R through VA 91-397-R, VA 91-502 Decided October 18, 1991 Procedural Judge James A. Broderick

Sunset Land & Coal Company

Sunset Land & Coal Company (FMSHRC VA 91-386-R through VA 91-397-R and VA 91-502): Proceedings stayed pending criminal case

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This order from 1991 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 1991
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
This ruling became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because the Commission did not direct review. 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 agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Sunset Land & Coal Company asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust sampling violations and consented to the stay. Judge James A. Broderick granted the motion and stayed the proceedings until the related criminal proceedings concluded. The order pauses the cases and does not decide the contested violations or impose a civil penalty.

Decision snapshot

  • Cited authority: No specific Mine Act or safety standard citation is stated in the order.
  • Outcome: The contest proceedings and civil penalty proceeding were stayed pending conclusion of the related criminal proceedings.
  • Key point: The related criminal plea agreement and the parties' consent supported pausing the administrative proceedings.

Full text (FMSHRC public release)

CCASE:
SUNSET LAND & COAL V. SOL (MSHA)
DDATE:
19911018
TTEXT:

Page 2

~1775
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SUNSET LAND & COAL COMPANY, CONTEST PROCEEDINGS
CONTESTANT
Docket No. VA 91-386-R
v. through VA 91-397-R

SECRETARY OF LABOR, Mine No. 1
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 91-502
PETITIONER A.C. No. 44-06326-03538D

      v.                           Mine No. 1

SUNSET LAND & COAL COMPANY,
RESPONDENT

                ORDER STAYING PROCEEDINGS

 On September 27, 1991, Counsel for Contestant/Respondent

filed a motion to stay further proceedings in these cases. As
grounds for the motion Contestant/Respondent states that it has
entered into an agreement to plead guilty to a charge of
conspiracy to defraud the Mine Safety and Health Administration
in connection with Contestant/Respondent's dust sampling program.
As part of the plea bargain agreement, the Secretary of Labor has
agreed to move to dismiss any pending civil penalty proceedings
for violations of the laws governing the dust sampling program.

 The motion states that Counsel for the Secretary consents to

the entry of an order staying these proceedings.

 Premises considered, the motion is GRANTED. The above

proceedings are STAYED until all criminal proceedings concerning
Contestant/Respondent have been concluded.

                              James A. Broderick
                              Administrative Law Judge

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