Ezel / Agency Decisions / VA 91-491

Shady Lane Coal Company (ALJ decision, October 18, 1991)

Shady Lane Coal Company (FMSHRC VA 91-367-R through VA 91-368-R and VA 91-491): Proceedings stayed pending criminal case

Decision type
ALJ decision
Dockets
VA 91-491, VA 91-367-R, VA 91-368-R
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 contest and penalty cases 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

Shady Lane Coal Company asked to stay two 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 as part of the plea bargain and consented to the stay. Judge James A. Broderick granted the motion and stayed all three 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 two contests and civil penalty proceeding were stayed pending conclusion of the related criminal proceedings.
  • Key point: A related criminal plea agreement and the parties' consent supported pausing the administrative proceedings.

Full text (FMSHRC public release)

CCASE:
SHADY LANE COAL V. SOL (MSHA)
DDATE:
19911018
TTEXT:

Page 2

~1774
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SHADY LANE COAL COMPANY,
CONTEST PROCEEDINGS
CONTESTANT
Docket No. VA 91-367-R
v. through VA 91-368-R

SECRETARY OF LABOR,
Mine No. 3
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 91-491
PETITIONER
A.C. No. 44-06549-03507D

v. Mine No. 3

SHADY LANE 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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