.
NEWMONT GOLD COMPANY
December 17, 1997
WEST 97-293-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3993/FAX 303-844-5268

                          December 17, 1997


SECRETARY OF LABOR,               :   CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION (MSHA),          :   Docket No. WEST 97-293-M
               Petitioner         :     A.C. No. 26-00062-05543
                                  :
          v.                      :
                                  :   Genesis
NEWMONT GOLD COMPANY,             :
                Respondent        :


                          ORDER OF DISMISSAL
           ORDER DENYING PETITIONER'S MOTION FOR STAY ORDER

     The above-captioned penalty proceeding consists of a
petition for assessment of civil penalties for four vacated
citations.  These four citations were vacated and dismissed by
the presiding Administrative Law Judge in his October 14, 1997,
decision in the consolidated contest proceeding, 19 FMSHRC 1640
(Oct. 1997).  All four citations were vacated after a full two
day contested evidentiary hearing on the merits in Docket Nos.
WEST 97-164-RM, WEST 97-165-RM, WEST 97-166-RM and WEST 97-167-RM,
19 FMSHRC 1640 (Oct. 1997).

     A few days after the ALJ's October 14, 1997, decision
vacating and dismissing the citations, the Solicitor on October
20, 1997, filed this Petition for civil penalty for each of the
four vacated citations.  On October 24, 1997, Respondent filed an
answer and a motion to Dismiss the Secretary's petition of civil
penalties for the four vacated citations.  Respondent's motion
for dismissal was based on the ALJ's October 14, 1997, decision
in the consolidated contest proceedings WEST 97-164-RM through
WEST 97-167-RM, 19 FMSHRC 1640 (Oct. 1997).

     In November 1997, the Solicitor filed a written request for
additional time to respond to Respondent's Motion to Dismiss the
present civil penalty proceeding and on December 1, 1997, filed a
"Motion For Stay of Proceedings" in this case stating that the
ALJ's October 14, 1997, decision which vacated the four citations
in question is now subject of a Petition for Discretionary Review.

     On consideration of this matter I find no justification in
the record before me to grant Petitioner's extraordinary motion
for a stay of the present proceedings cf. W.S. Frey Co., Docket
Nos. VA 93-59-M et al., 16 FMSHRC 1591 (Aug. 5, 1994), 1 MSHN 409
(Aug. 12, 1994).  The Petitioner's motion is denied and the
Solicitor's petition for assessment of civil penalty for each of
four vacated citations in Docket No. WEST 97-293-M is denied.
There being no enforcement document in this docket other than the
four vacated citations, this case is DISMISSED.

                                     August F. Cetti
                                     Administrative Law Judge

Distribution:

Steven R. DeSmith, Esq., Jan M. Coplick, Esq.,
Office of the Solicitor, U.S. Department of Labor,
71 Stevenson St., Suite 1110, San Francisco, CA 94105

David Farber, Esq., PATTON BOGGS, LLP,
2550 M Street, NW, Washington, DC 20037

/sh