Ezel / Agency Decisions / YORK 89-17

Mettiki Coal Company (ALJ decision, January 18, 1990)

Mettiki Coal Company (FMSHRC YORK 89-17): Citation vacated and case dismissed

Decision type
ALJ decision
Docket
YORK 89-17
Decided
January 18, 1990
Presiding judge
William Fauver
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

The Secretary moved to vacate Citation No. 3110387 in a civil penalty proceeding against Mettiki Coal Company. Judge William Fauver granted the motion for good cause. The case was dismissed, and the decision does not state the underlying safety standard or provide further facts about the citation.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The citation was vacated and the case was dismissed.
  • Key point: The ALJ granted the Secretary's motion to vacate the citation for good cause.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. METTIKI COAL
DDATE:
19900118
TTEXT:

Page 2

~101
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. YORK 89-17
PETITIONER
A. C. No. 18-00621-03653

v. Mettiki Mine

METTIKI COAL COMPANY,
RESPONDENT

DECISION

Appearances: Nanci A. Hoover, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, PA, for the Secretary;

Susan Chetlin, Esq., Crowell and Moring, Washington, DC, for the Respondent.

Before: Judge Fauver

At the hearing of this case, the Secretary moved to vacate Citation No. 3110387. FOR GOOD CAUSE SHOWN, the motion is GRANTED and this case is DISMISSED.

William Fauver
Administrative Law Judge

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