FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, DC 20004-1710
SECRETARY OF LABOR :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
:
v. : Docket No. WEST 2022-0097
:
GENEVA ROCK PRODUCTS, INC. :
BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners
ORDER
BY: Jordan, Chair; Althen and Baker, Commissioners
This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018). Alleged violations at issue in this proceeding were referred to the Department of Justice (“DOJ”) for potential indictments under section 110(c) and 110(d) of the Mine Act, 30 U.S.C. §§ 820(c), (d). On July 17, 2023, a Commission Administrative Law Judge issued an order staying the instant proceeding pending the completion of the DOJ’s criminal investigation and any subsequent proceedings. On October 4, the Commission received the Secretary of Labor’s petition for interlocutory review.
Commission Procedural Rule 76(a) provides that interlocutory review is a matter of sound discretion of the Commission, and that the Commission may grant interlocutory review upon a determination that the Judge’s interlocutory ruling involves a controlling question of law and immediate review will materially advance the final disposition of the proceeding. 29 C.F.R. § 2700.76(a).
Upon consideration of the Secretary’s petition, we
hereby grant interlocutory review of the Judge’s order of July 17, 2023. The
issue on interlocutory review is whether the Judge abused his discretion when
he ordered a stay of the case for an indefinite duration.
The Secretary shall file an opening brief with the Commission within 30 days of this order, and remaining briefs shall be filed in accordance with Commission Procedural Rule 75, 29 C.F.R. § 2700.75.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
Distribution:
Jason Hardin, Esq.
Artemis Vamianakis, Esq.
Fabian Vancott
95 South State Street, Suite 2300
Salt Lake City, UT 84111
jhardin@fabianvancott.com
avamianakis@fabianvancott.com
April Nelson, Esq.
Associate Solicitor
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
201 12th Street South, Suite 401
Arlington, VA 22202
Nelson.April@dol.gov
Emily Toler Scott, Esq.
Counsel for Appellate Litigation
U.S. Department of Labor
Division of Mine Safety and Health
201 12th Street South, Suite 401
Arlington, VA 22202
Melanie
Garris
USDOL/MSHA, OAASEI/CPCO
201 12th Street South, Suite 401
Arlington, VA 22202
Garris.Melanie@DOL.GOV
Emily O. Roberts, Esq.
Alexandra
J. Gilewicz, Esq.
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
201
12th Street South, Suite 401
Arlington, VA 22202
Roberts.emily.o@dol.gov
Gilewicz.alexandra.j@dol.gov
Administrative
Law Judge David P. Simonton
Federal Mine Safety Health Review Commission
Office
of the Chief Administrative Law Judge
721 19th Street, Suite 443
Denver, CO 80202-2500
DSimonton@fmshrc.gov
Chief
Administrative Law Judge Glynn F. Voisin
Federal Mine Safety Health Review Commission
Office
of the Chief Administrative Law Judge
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
GVoisin@fmshrc.gov