Ezel / Agency Decisions / VA 91-468

American Carbon Corporation (ALJ decision, October 18, 1991)

American Carbon Corporation (FMSHRC VA 91-468): Proceedings stayed pending criminal case

Decision type
ALJ decision
Docket
VA 91-468
Decided
October 18, 1991
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-16
Cited standards
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 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.
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.
Read the official release (fmshrc.gov)

Plain-English summary

American Carbon Corporation asked to stay 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 proceeding until the related criminal proceedings concluded. The order pauses the 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 pending conclusion of the related criminal proceedings.
  • Key point: The related criminal plea agreement and the parties' consent supported pausing the administrative proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. AMERICAN CARBON
DDATE:
19911018
TTEXT:

Page 2

~1764
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 91-468
PETITIONER
A.C. No. 46-06547-03514D

v. Mine No. 1

AMERICAN CARBON CORPORATION,
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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