Ezel / Agency Decisions / west-90-112-r-alj-3
FMSHRC ALJ decision Docket WEST 90-112-R, WEST 90-113-R, WEST 90-114-R, WEST 90-115-R, WEST 90-116-R Decided March 13, 1990 Procedural Judge John J. Morris

Wyoming Fuel Company

Wyoming Fuel Company (FMSHRC WEST 90-112-R, et al.): Certification request denied

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This order from 1990 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 1990
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 denied the Secretary's request to certify an earlier expedited-hearing ruling to the Commission. It did not dispose of the five contest proceedings 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

The Secretary asked Judge John J. Morris to certify an earlier ruling about whether an expedited hearing was required for enforcement orders. The judge denied certification and maintained his view that an expedited hearing is required when an order is issued under section 107 of the Mine Act. The order addressed procedure only and did not decide the underlying contests involving Wyoming Fuel's Golden Eagle Mine.

Decision snapshot

  • Governing provisions: 29 C.F.R. §§ 2700.52 and 2700.74; 30 U.S.C. § 817
  • Outcome: The Secretary's request to certify the earlier ruling to the Commission was denied.
  • Key point: A judge may deny certification of an interlocutory procedural ruling while the underlying contest proceedings continue.

Full text (FMSHRC public release)

CCASE:
WYOMING FUEL V. SOL (MSHA)
DDATE:
19900313
TTEXT:

Page 2

~903
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

WYOMING FUEL COMPANY, CONTEST PROCEEDINGS
CONTESTANT
Docket No. WEST 90-112-R
v. Order No. 2930784; 2/13/90

SECRETARY OF LABOR, Docket No. WEST 90-113-R
MINE SAFETY AND HEALTH Citation No. 2930785; 2/13/90
ADMINISTRATION (MSHA),
RESPONDENT Docket No. WEST 90-114-R
Order No. 3241331; 2/16/90

                                       Docket No. WEST 90-115-R
                                       Citation No. 3241332; 2/16/90

                                       Docket No. WEST 90-116-R
                                       Citation No. 3241333; 2/16/90

                                       Golden Eagle Mine
                                       MSHA Mine ID No. 05-02820

                            ORDER

 The Secretary has requested, pursuant to Rule 74, 29 C.F.R.

2700.74, that the judge certify his ruling of March 2, 1990 t
the Commission.

   The Secretary restates her previous position.

                         Discussion

 The Secretary's request for certification is denied. As

previously stated, the judge believes an expedited hearing is
mandated when an order is issued under section 107.

 In an unrelated case, Medicine Bow Coal Company, Docket Nos.

WEST 90-117-R and WEST 90-123-R, the judge concluded an expedited
hearing was not mandated for a section 104(d) order unless the
operator met certain criteria. A copy of the order in Medicine
Bow is attached.

 The judge believes the statute is clear. Further, Commission

Rule 52, 29 C.F.R. 2700.52 does not address the issue.

   Accordingly, the Secretary's motion is denied.

                                      John J. Morris
                                      Administrative Law Judge

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