<DOC>
[DOCID: f:d991o.wais]

 
DISCIPLINARY PROCEEDING
July 2, 1999
D 99-1


                 FEDERAL MINE SAFETY AND HEALTH
                        REVIEW COMMISSION


                          July 2, 1999


DISCIPLINARY PROCEEDING        :  Docket No.  D 99-1


            APPLICATION FOR APPOINTMENT OF PROSECUTOR

    This disciplinary matter was assigned to me on June
10, 1999, for hearing and decision, pursuant to the
June 9, 1999, order of the Commission.  It arose out of
a referral for disciplinary proceedings by the
Secretary of Labor.

     On June 16, 1999, a Prehearing Order was issued to the
parties receiving the Commission's order.  On June 24, 1999,
a response was received from counsel for the Secretary stating
that:  "[T]he role of the Department of Labor in this matter 
was limited to forwarding to the Commission information that 
may warrant disciplinary proceedings against Ms. Prater so 
that the Commission can [sic] take appropriate action. . . . 
The Department is not a party to these proceedings and does 
not expect to participate at the hearing in this matter."  
A copy of the response is attached to this application.

     With the withdrawal of the Secretary, there is no one to
represent the interests of the Commission in insuring that
individuals practicing before it "conform to the standards of
ethical conduct required of practitioners in the courts of the
United States."  29 C.F.R. § 2700.80(a).  Commission Rule 80(c),
29 C.F.R. § 2700,80(c), provides that the Commission "may
designate counsel to prosecute the matter before the Judge."

     Accordingly, application is made to the Commission for the
appointment of counsel to prosecute this matter at the hearing.


                              T. Todd Hodgdon
                              Administrative Law Judge


                  FEDERAL MINE SAFETY AND HEALTH
                        REVIEW COMMISSION


                         )
                         DISCIPLINARY PROCEEDING)Docket No. D99-1
_________________________)


                   RESPONSE TO PREHEARING ORDER


     On April 13, 1999, on behalf of the Mine Safety and Health

Administration, the U.S. Department of Labor, Office of the

Solicitor, referred Connie Prater for disciplinary proceedings

pursuant to 29 CFR § 2700.80(c)(1).  That provision states

     ... [A] Judge or other person having knowledge of
     circumstances that may warrant disciplinary proceedings
     against an individual who is practicing or has
     practiced before the Commission shall forward to the
     Commission for action such information in the form of a
     written disciplinary referral. . .

     Thus, the role of the Department of Labor in this matter was

     limited to forwarding to the Commission information that may

     warrant disciplinary proceedings against Ms. Prater so that

     the Commission can take appropriate action.  Attached to the

     referral was all of the information the Department has

     regarding this matter.  The Department is not a party to

     these proceedings    and does not expect to participate at

     the hearing in this matter.


                              Respectfully submitted,

                              HENRY L. SOLANO
                              Solicitor of Labor

                              Edward P. Clair
                              Associate Solicitor

                              U.S. Department of Labor
                              Office of the Solicitor
                              4015 Wilson Boulevard
                              Suite 400_____________________
Arlington, Virginia 22203     SHEILA K. CRONAN
(703) 235-1153                  Counsel for Trial Litigation


                      CERTIFICATE OF SERVICE

     I certify that a copy of the foregoing RESPONSE TO

     PREHEARING ORDER was mailed this 23rd day of June, 1999, to:


     David J. Farber, Esq.
     Patton Boggs, L.L.P.
     2550 M Street, N.W.
     Washington, D.C.  20037


                              ________________________
                              Sheila K. Cronan


                              Distribution:

                              Sheila K. Cronan, Esq., Office of
                              the Solicitor, U.S. Department of
                              Labor, 4015 Wilson Boulevard, Suite
                              400, Arlington, VA 22203 (Certified
                              Mail)

                              David J. Farber, Esq., Patton
                              Boggs, L.L.P., 2550 M Street, N.W.,
                              Washington, D.C. 20037
                              (Certified Mail)

                              /nj