[DOCID: f:cent99153.wais] REINTJES OF THE SOUTH, INC. August 19, 1999 CENT 99-153-RM FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 August 19, 1999 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : : v. : Docket No. CENT 99-153-RM : REINTJES OF THE SOUTH, INC. : BEFORE: Jordan, Chairman; Marks, Riley, Verheggen, and Beatty, Commissioners ORDER BY THE COMMISSION: On June 24, 1999, the Commission granted a petition for discretionary review filed by Reintjes of the South, Inc. ("Reintjes") challenging Administrative Law Judge Avram Weisberger's Order of Dismissal in which he granted the Secretary of Labor's motion for summary decision, denied Reintjes' motion for summary decision, and dismissed Reintjes' notice of contest with respect to Citation No. 7867335, as modified. Order at 3-4 (May 17, 1999) (unpublished). On August 12, 1999, pursuant to Commission Procedural Rule 11, 29 C.F.R. § 2700.11, Reintjes filed an unopposed motion to withdraw its petition for discretionary review. At the time Reintjes filed its petition for discretionary review, a civil penalty had not been proposed for Citation No. 7867335. A civil penalty of $100.00 has now been proposed for the citation and Reintjes has agreed to pay the penalty in full, without modification of the citation. Reintjes states that the Secretary has no objection to its motion to withdraw its petition. Upon consideration of Reintjes' motion to dismiss the appeal, we grant it. Accordingly, the Commission's direction for review in this matter is vacated and Reintjes' appeal is dismissed. ____________________________________ Mary Lu Jordon, Chairman ____________________________________ Marc Lincoln Marks, Commissioner ____________________________________ James C. Riley, Commissioner ____________________________________ Theodore F. Verheggen, Commissioner ____________________________________ Robert H. Beatty, Jr., Commissioner Distribution Mark N. Savit, Esq. Adele L. Abrams, Esq. Patton Boggs, LLP 2550 M Street, N.W. Washington, D.C. 20037 Stephen Irving, Esq. Office of the Solicitor U.S. Department of Labor 525 South Griffin St., Suite 501 Dallas, TX 75202 W. Christian Schumann, Esq. Office of the Solicitor U.S. Department of Labor 4015 Wilson Blvd., Suite 400 Arlington, VA 22203 Administrative Law Judge Avram Weisberger Federal Mine Safety & Health Review Commission Office of Administrative Law Judges 5203 Leesburg Pike, Suite 1000 Falls Church, VA 22041