FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, D.C. 20004-1710
June 20, 2014
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
CLINTWOOD ELKHORN MINING COMPANY, INC. |
Docket Nos. KENT 2011-1354 KENT 2011-1385 KENT 2011-1386 |
ORDER
A petition for discretionary review was filed by Clintwood Elkhorn Mining Company, Inc. on June 16, 2014. This petition was filed pursuant to section 113(d)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 823(d)(2). Section 113(d)(2)(A)(1) of the Mine Act states that a petition for discretionary review by the Commission may be filed within 30 days after the issuance of the judge’s decision. 30 U.S.C. § 823(d)(2)(A)(1).
The judge’s decision was issued on May 14, 2014. Any petition for discretionary review was due 30 days thereafter, on June 13, 2014. Although the judge filed an amended decision on May 15, 2014, correcting a clerical error, Commission Procedural Rule 69(c) states that the issuance of an amended decision correcting a clerical error shall not toll the time for filing a petition for discretionary review of the judge’s decision on the merits. 29 C.F.R. § 2700.69(c). Thus the 30-day time limit for filing the petition started to run from May 14 (the date of the initial decision) rather than from May 15 (the date of the amended decision).
The petition for discretionary review is therefore denied. Consequently, the decision of Administrative Law Judge Priscilla M. Rae dated May 14, 2014, is final as of 40 days after its issuance. 30 U.S.C. § 823(d)(1).[1]
/s/ Mary Lu Jordan
Mary Lu Jordan, Chairman
/s/Michael G. Young
Michael G. Young, Commissioner
/s/ Robert F. Cohen, Jr.
Robert F. Cohen, Jr., Commissioner
/s/ Patrick K. Nakamura
Patrick K. Nakamura, Commissioner
/s/ William I. Althen
William I. Althen, Commissioner
Distribution:
Melanie J. Kilpatrick, Esq.
Rajkovich, Williams, Kilpatrick & True, PLLC
3151 Beaumont Centre Circle, Suite 375
Lexington, KY 40513
W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., Room 2220
Arlington, VA 22209-2296
Melanie Garris
Office of Civil Penalty Compliance
MSHA
U.S. Dept. Of Labor
1100 Wilson Blvd., 25th Floor
Arlington, VA 22209-3939
Administrative Law Judge Priscilla M. Rae
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
1331 Pennsylvania Avenue, N. W., Suite 520N
Washington, D.C. 20004
[1] Separately, we note that no two Commissioners would have voted to grant the petition on the merits.