Ezel / Agency Decisions / WEST 90-383

Mid-Continent Resources Incorporated (ALJ decision, October 13, 1994)

Mid-Continent Resources Incorporated (FMSHRC WEST 90-383): Citation vacated and case dismissed

Decision type
ALJ decision
Docket
WEST 90-383
Decided
October 13, 1994
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but 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

Mid-Continent Resources' civil penalty case returned to the ALJ after a Commission order. The Secretary moved to vacate the one violation and withdraw the penalty petition. Judge Paul Merlin granted the motion, vacated Citation No. 3410440, and dismissed the case.

Decision snapshot

  • Cited standard(s): None stated in this order.
  • Outcome: Citation No. 3410440 was vacated and the case was dismissed.
  • Key point: On remand, the ALJ granted the Secretary's motion to vacate the violation and withdraw the penalty petition.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MID-CONTINENT RESOURCES INC. DDATE: 19941013 TTEXT:

Page 2

~2101
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 90-383
Petitioner
: A.C. No. 05-00301-03753
:
v. : Dutch Creek Mine
MID-CONTINENT RESOURCES :
INCORPORATED,
:
Respondent
:

ORDER TO VACATE
ORDER OF DISMISSAL

Before: Judge Merlin

This case is before me pursuant to Order of the Commission dated February 23, 1994.

On March 8, 1994, I issued an order vacating the order of dismissal previously entered and reinstating this case. Upon a motion from the Secretary I determined that this matter had been dismissed in error because the penalty assessment did not involve excessive history. The parties were ordered to confer to determine if this case could be settled.

The Solicitor has filed a motion to vacate the one violation in this case and to withdraw the penalty petition. Upon review of the Solicitor's motion, I have determined that it should be granted.

In light of the foregoing, it is ORDERED that Citation No.
3410440 be VACATED.

It is further ORDERED that this case be DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution:

Margaret A. Miller, Esq., Office of the Solicitor, U. S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716

Page 3

~2102
Edward Mulhall, Jr., Esq., Delaney & Balcomb, PC, P. O. Box Drawer 790, Glenwood Springs, CO 81602

/gl

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