Ezel / Agency Decisions / va-91-460-alj
FMSHRC ALJ decision Docket VA 91-460 Decided October 18, 1991 Procedural Judge James A. Broderick Transcribed from scan

L & L Energy OF Hurley, Inc.

L & L Energy OF Hurley, Inc. (FMSHRC VA 91-460): 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 order, not Commission precedent
This order 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

L & L Energy of Hurley, Inc. was involved in a civil penalty proceeding concerning its Mine No. 2 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to dismiss pending civil penalty proceedings involving the dust-sampling laws. Judge James A. Broderick granted the motion to stay and paused the proceeding until the related criminal proceedings were concluded.

Decision snapshot

  • Cited standards: None identified in the release.
  • Outcome: The motion to stay was granted, and the proceeding was stayed until the related criminal proceedings concluded.
  • Key point: The ALJ paused the civil penalty proceeding while the parties' related criminal proceedings were pending.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. L & L ENERGY OF HURLEY
DDATE:
19911018
TTEXT:

Page 2

~1768
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 91-460
PETITIONER A.C. No. 44-04862-03541D

      v.                           Mine No. 2

L & L ENERGY OF HURLEY, INC.,
RESPONDENT

                ORDER STAYING PROCEEDINGS

 On September 27, 1991, Counsel for Respondent filed a motion

to stay further proceedings in these cases. As grounds for the
motion 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 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
Respondent have been concluded.

                            James A. Broderick
                            Administrative Law Judge

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