Ezel / Agency Decisions / va-91-462-alj
FMSHRC ALJ decision Docket VA 91-462 Decided October 18, 1991 Procedural Judge James A. Broderick

Good Times Mining, Inc.

Good Times Mining, Inc. (FMSHRC VA 91-462): 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

Good Times Mining asked the judge to stay a pending 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 connected to the dust sampling violations as part of the plea bargain. Judge James A. Broderick granted the motion and stayed the proceeding until all related criminal proceedings had concluded. This order pauses the civil case and does not decide the alleged civil violations or impose a penalty.

Decision snapshot

  • Cited authority: No specific Mine Act or safety standard citation is stated in the order.
  • Outcome: The civil penalty proceeding was stayed until the related criminal proceedings concluded.
  • Key point: The judge paused the civil case after the parties reported a related criminal plea agreement and consented to the stay.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GOOD TIMES MINING
DDATE:
19911018
TTEXT:

Page 2

~1765
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 91-462
PETITIONER A.C. No. 44-06333-03508D

      v.                           Mine No. 2

GOOD TIMES MINING, 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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