Ezel / Agency Decisions / WEVA 84-200

Secretary of Labor v. Maben Energy Corp. (Commission decision, December 10, 1984)

Secretary of Labor v. Maben Energy Corp. (FMSHRC WEVA 84-200 and WEVA 84-308): Settlement order returned for correction

Decision type
Commission decision
Dockets
WEVA 84-200, WEVA 84-308
Decided
December 10, 1984
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-10-20
Cited standards
29 C.F.R. § 2700.65(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1984, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1984
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.
Decision of the Commission
This order returns a settlement proceeding to the ALJ for correction of clerical errors. It does not decide the underlying citations or finally dispose of the case under 30 U.S.C. § 823(d)(1). 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

An ALJ had approved a settlement in the proceedings involving Maben Energy Corp. The judge later asked the Commission to return the case to his jurisdiction so he could correct clerical mistakes or omissions in that decision. The Commission granted the request and returned the case for correction. This order states no citation results or penalty amount, and it does not describe the corrections to be made.

Decision snapshot

  • Cited standard(s): Commission Procedural Rule 65(c), codified at 29 C.F.R. § 2700.65(c); the order prints the title number as 30.
  • Outcome: Proceedings returned to the ALJ for correction of the settlement decision; no penalty assessed in this order.
  • Key point: The judge was allowed to correct clerical errors in the prior settlement order.

Full text (FMSHRC public release)

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

December 10, 1984

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

v. Docket Nos. WEVA 84-200
WEVA 84-308

MABEN ENERGY CORP.

ORDER

On November 21, 1984, the presiding Commission administrative law judge issued a decision approving settlement in this case. On December 4, 1984, the judge filed a statement with the Commission requesting that the Commission return this proceeding to his jurisdiction, pursuant to Commission Procedural Rule 65(c), 30 C.F.R. § 2700.65(c), for the correction of "clerical mistakes and errors arising from oversight or omission" in the decision. The judge's request is granted and this case is returned to his jurisdiction for appropriate correction.

Richard V. Backley, Acting Chairman
James A. Lastowka, Commissioner
L. Clair Nelson, Commissioner

2708

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