L & L Energy OF Hurley, Inc. (ALJ decision, October 18, 1991)

L & L Energy OF Hurley, Inc. (FMSHRC VA 91-460): Proceedings stayed pending criminal case

Decision type

ALJ decision

Docket

VA 91-460

Decided

October 18, 1991

Presiding judge

James A. Broderick

Outcome

Procedural

Precedential status

Interlocutory order, not final

Checked against source

2026-08-16

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

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.

Interlocutory ALJ order, not Commission precedent

This order stayed the civil penalty case until related criminal proceedings concluded. It did not dispose of the case or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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.

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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