Ezel / Agency Decisions / WEVA 91-1718

Sunrise Mining, Inc. (ALJ decision, October 18, 1991)

Sunrise Mining, Inc. (FMSHRC WEVA 91-1718 and WEVA 91-1167-R through WEVA 91-1177-R): Proceedings stayed pending criminal case

Decision type
ALJ decision
Dockets
WEVA 91-1718, WEVA 91-1167-R through WEVA 91-1177-R
Decided
October 18, 1991
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-16
Cited standards
30 U.S.C. § 823(d)(1)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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.
Order staying proceedings, not Commission precedent
The judge stayed these proceedings pending the related criminal case and did not dispose of the contests or penalty case. This order did not become a final decision 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

Sunrise Mining asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust sampling violations and consented to the stay. Judge James A. Broderick granted the motion and stayed the proceedings until the related criminal proceedings concluded. The order pauses the cases and does not decide the contested violations or impose a civil penalty.

Decision snapshot

  • Cited authority: No specific Mine Act or safety standard citation is stated in the order.
  • Outcome: The contest proceedings and civil penalty proceeding were stayed pending conclusion of the related criminal proceedings.
  • Key point: The related criminal plea agreement and the parties' consent supported pausing the administrative proceedings.

Full text (FMSHRC public release)

CCASE:
SUNRISE MINING V. SOL (MSHA)
DDATE:
19911018
TTEXT:

Page 2

~1776
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SUNRISE MINING, INC.,
CONTEST PROCEEDINGS
CONTESTANT
Docket No. WEVA 91-1167-R
v. through WEVA 91-1177-R

SECRETARY OF LABOR,
Mine No. 1
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 91-1718
PETITIONER
A.C. No. 44-07296-03513D

v. Mine No. 1

SUNRISE MINING, INC.,
RESPONDENT

ORDER STAYING PROCEEDINGS

On September 27, 1991, Counsel for Contestant/Respondent filed a motion to stay further proceedings in these cases. As grounds for the motion Contestant/Respondent states that it has entered into an agreement to plead guilty to a charge of conspiracy to defraud the Mine Safety and Health Administration in connection with Contestant/Respondent's dust sampling program. As part of the plea bargain agreement, the Secretary of Labor has agreed to move to dismiss any pending civil penalty proceedings for violations of the laws governing the dust sampling program.

The motion states that Counsel for the Secretary consents to the entry of an order staying these proceedings.

Premises considered, the motion is GRANTED. The above proceedings are STAYED until all criminal proceedings concerning Contestant/Respondent have been concluded.

James A. Broderick
Administrative Law Judge

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