FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
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August 10, 2009
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MILESTONE MATERIALS, Div. of MATHY CONSTRUCTION Contestant v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Respondent |
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CONTEST PROCEEDING Docket No. LAKE 2009-432-RM Citation No. 6494042; 04/14/2008 Mine: Plant #66 Mine ID 47-03274 |
DECISION
Appearances: Rafael Alvarez, U.S. Department of Labor, Chicago, Illinois, on behalf of the Respondent
Adele L. Abrams, Esq., Office of Adele L. Abrams, P.C., Beltsville, Maryland, on behalf of the Contestant
Before: Judge Barbour
In this proceeding, Milestone Materials, Division of Mathy Construction (“Milestone”), challenges the validity of Citation No. 6494042, a citation that, as amended, alleges Milestone violated 30 C.F.R. § 46.6(a), a mandatory training standard for newly-employed, experienced miners. Milestone asserts the citation is invalid because the person alleged in the citation to lack the required training is not a “miner” as that word is defined in Part 46. The Secretary responds that the citation is valid in all respects. The case was tried on June 24, 2009.
After the trial adjourned and the transcript was received, the parties advised me they had resolved their differences. Counsel for the Secretary then filed a motion to dismiss, stating that “[a]fter reviewing the facts . . . and in light of . . . new information,” Citation No. 6494042 has been vacated. Motion to Dismiss 1. Milestone does not oppose the motion. Id.
ORDER
WHEREFORE, the citation at issue having been vacated, this proceeding is moot and IS DISMISSED.
David F. Barbour
Administrative Law Judge
Distribution: (Certified Mail)
Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604
Adela L. Abrams, Esq., Law Office of Adele L. Abrams, P.C., 4740 Corridor Place, Suite D, Beltsville, MD 20705
/ej