Ezel / Agency Decisions / WEVA 91-1305-R

Gray Stone Mining, Inc. (ALJ decision, January 28, 1992)

Gray Stone Mining, Inc. (FMSHRC WEVA 91-1305-R): Contest dismissed after penalty payment

Decision type
ALJ decision
Docket
WEVA 91-1305-R
Decided
January 28, 1992
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 815(a)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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 order, not Commission precedent
The contest was dismissed after Gray Stone Mining voluntarily paid the proposed penalty. The citation and penalty therefore became a final Commission order under section 105(a) of the Mine Act, and this order is final under the 40-day rule in 30 U.S.C. § 823(d)(1). It 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

Gray Stone Mining contested a citation issued at the Pokey No. 1 Mine. The Secretary moved to dismiss after the company voluntarily paid the proposed penalty instead of contesting it. Judge James A. Broderick granted the motion and dismissed the contest. The citation and penalty became a final Commission order under section 105(a) of the Mine Act.

Decision snapshot

  • Cited provision: 30 U.S.C. § 815(a).
  • Outcome: The contest proceeding was dismissed after payment of the proposed penalty.
  • Key point: Voluntary payment of a proposed penalty makes the citation and penalty a final Commission order under section 105(a).

Full text (FMSHRC public release)

~221
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

GRAY STONE MINING, INC.,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. WEVA 91-1305-R
Citation No. 9862026; 4/4/91
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Pokey No. 1 Mine
ADMINISTRATION (MSHA),
46-05054
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Broderick

On January 17, 1992, the Secretary filed a motion to dismiss the above proceeding on the ground that the Contestant has not contested the penalty proposed for the contested citations, but has voluntarily submitted full payment of the proposed penalty.
Thus the citation and the penalty are a final order of the
Commission pursuant to section 105(a) of the Act.

Premises considered, the motion is GRANTED and this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

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