Secretary of Labor v. Kitt Energy Corporation (Commission decision, December 3, 1984)

Plain-English summary

The Secretary of Labor sought discretionary review and summary disposition of an appeal in a case against Kitt Energy Corporation. The Commission granted review and stayed briefing while awaiting Kitt Energy's response to the motion, but no response was filed. It then granted the Secretary's motion and remanded the case to the presiding administrative law judge for further consideration and a ruling in light of the Secretary's arguments. The judge could require more evidence or briefs. The order does not identify the underlying citation or any penalty.

Decision snapshot

• Cited standard(s): None identified in this order.
• Outcome: The Secretary's motion for summary disposition of the appeal was granted, and the case was remanded to the judge for further consideration and a ruling.
• Key point: The judge could seek additional evidence or briefs before ruling on the remanded case.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVlEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

December 3, 1984

SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
:
: Docket No. WEVA 83-125-R
V. :
:
KITT ENERGY CORPORATION

ORDER
.

On November 5, 1984 the Secretary of Labor filed a petition for discretionary review and motion for Sumnary Disposition of Appeal. On November 13, 1984 the petition was granted and briefing was stayed pending a Kitt Energy Corporation response to the Secretary's motion for Summary Disposition of Appeal. No response to the Secretary's motion was filed by Kitt Energy Corporation.

The motion of the Secretary of Labor for Summary Disposition of Appeal is granted and the case is remanded to the presiding administrative law judge for further consideration and ruling in view of the arguments raised by the Secretary before the Commission. The judge may, at his discretion, require the parties to submit additional evidence or briefs.

-*
Richard V. Backley, Acting Chairman

L. Clair Nelson, Commissioner