Ezel / Agency Decisions / WEVA 83-140-R

Westmoreland Coal Company v. Secretary of Labor (MSHA) (ALJ decision, June 15, 1983)

Westmoreland Coal Company v. MSHA (FMSHRC WEVA 83-140-R): Order contest dismissed as late

Decision type
ALJ decision
Docket
WEVA 83-140-R
Decided
June 15, 1983
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Cited standards
30 U.S.C. § 815(d) 29 C.F.R. § 2700.20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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 dismissal 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 binding on the Commission in other cases. 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

Westmoreland Coal challenged Order No. 2140708 concerning its Hampton No. 3 Mine. The company received the order on February 18, 1983, but mailed its contest on March 31, 41 days later. Mine Act § 105(d) required a contest within 30 days of receiving the order. Chief Judge Paul Merlin granted the Secretary's motion and dismissed the contest as untimely. The order does not decide the merits of the mine order or assess a penalty.

Decision snapshot

  • Governing provisions: Mine Act § 105(d), 30 U.S.C. § 815(d); 29 C.F.R. § 2700.20, contest deadline.
  • Outcome: Notice of contest dismissed as untimely; no penalty assessed.
  • Key point: The contest was mailed 41 days after receipt, beyond the 30-day deadline.

Full text (FMSHRC public release)

CCASE:
WESTMORELAND COAL V. SOL (MSHA)
DDATE:
19830615
TTEXT:

~1144

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

WESTMORELAND COAL COMPANY,
NOTICE OF CONTEST
CONTESTANT
Docket No. WEVA 83-140-R v.
Order No. 2140708
SECRETARY OF LABOR,
2/18/83
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Hampton No. 3 Mine
RESPONDENT

ORDER OF DISMISSAL

On April 4, 1983, Westmoreland Coal Company filed a Notice of Contest of the above-captioned order. On April 13, 1983, the Solicitor filed a motion to dismiss the notice of contest for untimely filing.

The Solicitor's motion explained that the order was received by the operator on February 18, 1983. The Solicitor cited section 105(d) of the Act which provides that a notice of contest to an order be filed within 30 days of its receipt. Based thereon the Solicitor argued that since the order was not contested until March 31, 1983 (FOOTNOTE 1), it was not filed within the requisite 30-day period.

The Solicitor's motion to dismiss must be granted. Section 105(d) of the Act is clear in directing that an operator contest issuance of an order within 30 days from the order's receipt. 29 C.F.R. 2700.20. Island Creek Coal Company, 1 FMSHRC 989 (August 3, 1979) affirming PIKE 79-18 (January 30, 1979) reported at 1 MSHC 2143-2144. In this case, the operator waited 41 days before mailing the notice of contest.

In light of the foregoing, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

FOOTNOTE START HERE-

1 The notice of contest was mailed to the Commission and the Solicitor by certified mail on March 31, 1983 and received by the Commission on April 4, 1983.

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