Ezel / Agency Decisions / YORK 89-10-R

Mettiki Coal Corporation (ALJ decision, April 27, 1992)

Mettiki Coal Corporation (FMSHRC YORK 89-10-R): Proceedings dismissed on unopposed motion

Decision type
ALJ decision
Dockets
YORK 89-10-R, YORK 89-26
Decided
April 27, 1992
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
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 decision, not Commission precedent
This decision 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 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

Mettiki Coal Corporation was involved in a contest proceeding and a related civil penalty proceeding. Judge William Fauver granted the Secretary's unopposed motion to dismiss and dismissed both proceedings. The short order does not state the underlying citation outcome or a penalty amount.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: Both proceedings were dismissed on the Secretary's unopposed motion.
  • Key point: The order resolves the case procedurally without stating the merits of the underlying citation.

Full text (FMSHRC public release)

METTIKI COAL CORPORATION, : CONTEST PROCEEDING Contestant :
: Docket No. YORK 89-10-R
v. : Citation No. 3110188; 11/1/88
:
SECRETARY OF LABOR,
: Mettiki Mine
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
Respondent :
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. YORK 89-26 Petitioner : A. C. No. 18-00621-03659 :
v. : Mettiki Mine
:
METTIKI COAL CORPORATION, :
Respondent :

ORDER OF DISMISSAL

The Secretary's motion to dismiss, being unopposed by Mettiki, is GRANTED, and these proceedings are DISMISSED.

William Fauver
Administrative Law Judge

Distribution:

Susan E. Chetlin, Esq., Mettiki Coal Corporation, 2525
Harrodsburg Road, Suite 300, Lexington, KY 40504-3359 (Certified
Mail)

Timothy M. Biddle, Esq., Crowell & Moring, 1001 Pennsylvania
Avenue, N.W., Washington, D.C. 20004-2505 (Certified Mail)

Anita Eve Wright, Esq., Office of the Solicitor, U. S. Department
of Labor, 14480-Gateway Building, 3535 Market Street,
Philadelphia, PA 19104 (Certified Mail)

/fas

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