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[DOCID: f:lk2000102x.wais]

 
FREEMAN UNITED COAL COMPANY
Docket No. LAKE 2000-102-R
July 5, 2002



        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES

                      2 SKYLINE, Suite 1000
                        5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041

                           July 5, 2002


FREEMAN UNITED COAL COMPANY,    : CONTEST PROCEEDINGS
                                :
               Contestant       : Docket No. LAKE 2000-102-R
                                : Citation No. 7584882; 6/22/2000
                                :
                                : Docket No.  LAKE 2000-103-R
       v.                       : Citation No. 7584883; 6/22/2000
                                :
                                : Docket No. LAKE 2000-104-R
                                : Citation No. 7584884; 6/22/2000
                                :
SECRETARY OF LABOR              : Docket No. LAKE 2000-105-R
    MINE SAFETY AND HEALTH      : Citation No. 7584885; 6/22/2000
      ADMINISTRATION, (MSHA),   :
               Respondent       : Crown II Mine
                                : Mine ID 11-02236


                             DECISION

Before:   Judge Melick

     On June 24, 2002, a Commission majority remanded these Contest
Proceedings for a civil penalty assessment.  However these cases were
filed with this Commission pursuant to Section 105(d) of the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. � 801 et seq., (1994),
the "Act," to challenge only the validity of the four "Section 104(a)"
citations at bar.  No civil penalty has been sought in these contest
cases and the Secretary of Labor has not, to date, filed any petition
or other pleading seeking any civil penalty for the violations charged
in these citations.  Under the circumstances, this Commission is
without jurisdiction in these contest cases to assess a civil penalty.

     Accordingly, the Commission majority's decision on June 24, 2002,
effectively dismissing these Contest Proceedings, must be considered
the final disposition of these proceedings.



                              Gary Melick
                              Administrative Law Judge


Distribution:   (Certified Mail)

Timothy M. Biddle, Esq., Edward Green, Esq., Crowell & Moring, LLP,
1001 Pennsylvania Ave., N.W., Washington, D.C.  20004

Sheila Cronan, Esq., & James Crawford, Esq., Office of the Solicitor,
U.S. Department of Labor, 4015 Wilson Blvd., Suite 400, Arlington, VA
22203

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