Secretary of Labor (MSHA) v. Arch Mineral Corporation (Commission decision, February 7, 1980)

Plain-English summary

Arch Mineral Corporation asked the Commission to review a judge's order allowing the Secretary of Labor to file a proposed penalty late. The Commission denied the petition for interlocutory review. It noted that the events fell during a transition between its interim and final procedural rules. It expressly left open what circumstances might excuse a late filing and how final Rule 27(a) would apply. The Commission also said its denial did not approve the Secretary's failure to file on time. This order assessed no penalty.

Decision snapshot

• Governing provision: Commission Rule 27(a), discussed but not interpreted in this order.
• Outcome: Interlocutory review petition denied; the proposed penalty case was left for further proceedings.
• Key point: The Commission did not decide whether the Secretary's late filing was excusable under the final rule.

Full text (FMSHRC public release)

CCASE:
MSHA V. ARCH MINERAL
DDATE:
19800207
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
February 7, 1980

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),

v. Docket N . WEST 79-58

ARCH MINERAL CORPORATION

ORDER

Arch Mineral Corporation's petition for interlocutory review of an order of the administrative law judge that granted the Secretary of Labor's Motion to Accept Late Filing of Proposal for Penalty is denied. We do not pass on the question of what circumstances,if any, may excuse the late filing of a Proposal for Penalty. Because the events in this case occurred during the period of transition between the Commission's interim and final procedural rules, issues concerning the interpretation of final Commission Rule 27(a) are not presented squarely by this petition for interlocutory review. Our denial of the petition is not to be construed in any way as approval of the failure by the Secretary to timely file a proposal for a penalty in this or any other case.
Richard V. Backley, Commissioner
~277
DISTRIBUTION

Brent L. Motchan, Esq.
Arch Mineral Corporation
500 North Broadway
Suite 1800
St. Louis, Missouri 63102

Phyllis K. Caldwell, Esq.
U.S. Department of Labor
Office of the Solicitor
1585 Federal Building
1961 Stout Street
Denver, Colorado 80294

Administrative Law Judge John J. Morris
Federal Mine Safety and Health Review Commission 333 West Colfax Denver, Colorado 80294