FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
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SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
R.J. VALENTE GRAVEL, INC. |
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Docket No. YORK 2023-0115 A.C. No. 30-03434-578738
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BEFORE: Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY THE COMMISSION:
On June 3, 2024, the Commission issued an order reopening this case against R.J. Valente Gravel, Incorporated (“R.J. Valente”), which had become a final order of the Commission, and remanding it to the Chief Administrative Law Judge for further proceedings. The Secretary appealed the Commission’s order to the Court of Appeals for the District of Columbia Circuit. On August 13, 2024, the Commission’s Chief Judge issued an order staying this proceeding pending the D.C. Circuit’s review of the order to reopen.
On August 14, 2024, R.J. Valente filed with the D.C. Circuit a motion to dismiss the appeal on the basis that it had accepted the citation as assessed and paid the full penalty amount to the Mine Safety and Health Administration (“MSHA”), rendering the case moot. Finding that the operator had “paid the penalty giving rise to the underlying proceeding before the Commission” and “concede[d] that it ha[d] obtained all the relief it [sought],” the Circuit Court granted the operator’s motion, dismissed the appeal as moot, and remanded the case to the Commission. The Court’s mandate returning jurisdiction to the Commission was issued on January 7, 2025.
Accordingly, in light of the operator’s payment of the penalty and acceptance of the citation as assessed, the Chief Judge’s order of stay is lifted, and this proceeding is dismissed as moot.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe Z. Marvit, Commissioner
Distribution:
Michael T. Cimino, Esq.
Benjamin J. Wilson, Esq.
JACKSON KELLY PLLC
P.O. Box 553
Charleston, WV 25130
mcimino@jacksonkelly.com
Benjamin.wilson@jacksonkelly.com
Karen L. Johnston, Esq.
JACKSON KELLY PLLC
1099 18th Street, Suite 2150
Denver, CO 80202
kjohnston@jacksonkelly.com
Thomas A. Paige, Esq.
Deputy Associate Solicitor
US Department of Labor
Office of the Solicitor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Paige.Thomas@dol.gov
Emily O. Roberts, Esq.
Division of Mine Safety and Health
Office of the Solicitor
200 Constitution Avenue NW Suite N4420 – N4430
Washington, DC 20210
roberts.emily.o@dol.gov
Melanie Garris
US Department of Labor/MSHA
Office of Assessments, Room N3454
200 Constitution Ave NW
Washington, DC 20210
Garris.Melanie@DOL.GOV
Chief Administrative Law Judge Glynn F. Voisin
Office of the Chief Administrative Law Judge
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
GVoisin@fmshrc.gov