Secretary of Labor v. Marfork Coal Company, LLC (Commission decision, August 17, 2021)

Plain-English summary

An administrative law judge's settlement decision became final after 40 days but contained the wrong docket number in its caption. The judge asked the Commission for permission to correct the clerical error. Commission procedural rules allow correction of a clerical error in a final decision with Commission leave. The Commission reopened the case, remanded it, and authorized the requested correction.

Decision snapshot

• Cited authority: 30 U.S.C. § 823(d)(1); 29 C.F.R. § 2700.69(c)
• Outcome: The case was reopened and remanded so the judge could correct the docket number.
• Key point: A judge may correct a clerical error in a final decision after receiving leave from the Commission.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND
HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA
AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004‑1710

SECRETARY OF LABOR,                             :

MINE SAFETY AND HEALTH                    
:

ADMINISTRATION (MSHA)                       
:

:         Docket No. WEVA 2021-0186

v.                                              
:         A.C. No. 46-09048-528669

:

MARFORK COAL COMPANY, LLC            :

BEFORE: Traynor, Chair; Althen and Rajkovich,
Commissioners

ORDER

BY THE COMMISSION:

This
matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act”). On August 3, 2021, Administrative Law Judge Jacqueline Bulluck requested leave of the Commission to amend her Decision Approving Settlement, issued in this proceeding on May 6, 2021, in order to correct a clerical error. The Judge’s May 6 decision was issued with an incorrect docket number in the caption. Under section 113(d) of the Mine Act, the Judge’s decision became a final order of the Commission 40 days after its issuance. 30 U.S.C. § 823(d)(1). However, pursuant to Commission Procedural Rule 69(c), a Judge may correct clerical errors in a final decision with leave of the Commission. 29 C.F.R. § 2700.69(c).

Upon
consideration of the Judge’s request, it is granted. We reopen the case, remand the matter to the Judge, and grant her leave to correct the error as requested.

/s/
Arthur R. Traynor, III

Arthur R. Traynor, III, Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M.
Rajkovich, Jr., Commissioner

Distribution:

Elmer J. Blair, II

CLR, MSHA, Beckley District

1293 Airport Road

Beaver, WV 25813

[email protected]

Eric Silkwood, Esq.

300 Running Right Way

P.O Box 261

Julian, WV 25529

[email protected]

Archith Ramkumar, Esq.

Office of the Solicitor

U.S. Department of Labor

201 12th Street South, Suite
401

Arlington, VA 22202

[email protected]

April Nelson, Esq.

Office of the Solicitor

U.S. Department of Labor

Mine Safety and Health Division

201 12th Street South, Suite
401

Arlington, VA 22202-5452

[email protected]

Melanie Garris

U.S. Department of Labor

Office of Civil Penalty
Compliance

Mine Safety and Health Administration

201 12th Street South, Suite
401

Arlington, VA 22202-5452

[email protected]

Chief Administrative Law
Judge Glynn F. Voisin

Federal Mine Safety &
Health Review Commission

1331 Pennsylvania Avenue, NW,
Suite 520N

Washington, DC 20004-1710

[email protected]

Administrative Law Judge
Jacqueline Bulluck

Federal Mine Safety Health
Review Commission

1331 Pennsylvania Avenue, NW
Suite 520N

Washington, DC 20004-1710

[email protected]