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[DOCID: f:d20002co.wais]

 
DISCIPLINARY PROCEEDINGS
November 2, 2000
D 2000-2



        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                   1730 K STREET NW, 6TH FLOOR
                     WASHINGTON, D.C.  20006


                        November 2, 2000

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                                   :
DISCIPLINARY PROCEEDING            :  Docket No. D 2000-2
                                   :
                                   :

BEFORE:  Jordan, Chairman; Riley, Verheggen, and Beatty,
Commissioners

                              ORDER

BY THE COMMISSION:

     On May 17, 2000, Chief Administrative Law Judge David Bar-
bour sent to the Commission a disciplinary referral pursuant to 
Rule 80 of the Commission's Procedural Rules, 29 C.F.R. � 2700.80.[1]
This matter was raised by Lue A. Wilson.[2]  We have
reviewed the submissions and considered the allegations of
misconduct presented by Mr. Wilson, and conclude that even if the
facts he alleged were true, they would not warrant disciplinary
proceedings under Commission Procedural Rule 80.  Accordingly,
this inquiry is terminated.


                              Mary Lu Jordan, Chairman

                              James C. Riley, Commissioner

                              Theodore F. Verheggen, Commissioner

                              Robert H. Beatty, Jr., Commissioner


Distribution

Bryce J. Denny, Esq., Cook, Yancey, King & Galloway, 333 Texas Street,
Suite 1700, P.O. Box 22260, Shreveport, LA 71120

Chief Administrative Law Judge David Barbour, Federal Mine Safety & 
Health Review Commission, 1730 K Street, N.W., Suite 600, Washington,
D.C.  20006


**FOOTNOTES**

     [1]:  Commission  Procedural  Rule 80 provides in pertinent
part:

     (b)  Grounds.    Disciplinary   proceedings   may   be
     instituted  against  anyone  who is practicing  or  has
     practiced before the Commission  on  grounds  that such
     person  has  engaged  in  unethical  or  unprofessional
     conduct;  has failed to comply with these rules  or  an
     order  of  the  Commission  or  its  Judges;  has  been
     disbarred or  suspended  by  a  court or administrative
     agency;  or  has  been  disciplined by  a  Judge  under
     paragraph (e) of this section.

     (c) Disciplinary proceedings  shall  be  subject to the
     following procedure:
          . . .

          (2)  Inquiry  by  the  Commission.  The Commission
     shall  conduct  an  inquiry concerning  a  disciplinary
     referral  and  shall  determine   whether  disciplinary
     proceedings are warranted.  The Commission  may require
     persons   to  submit  affidavits  setting  forth  their
     knowledge of relevant circumstances.  If the Commission
     determines   that   disciplinary  proceedings  are  not
     warranted,  it shall issue  an  order  terminating  the
     referral.

29 C.F.R. � 2700.80.

     [2]:  In December  1999,  Lue  Wilson filed a discrimination
complaint under section 105(c)(3) of  the  Mine  Act, 30 U.S.C.
� 815(c)(3),  against  his  former employer, Sidco Mining, Inc.
("Sidco"),  which  is  currently  pending  before the Commission,
awaiting hearing before an administrative law  judge.   Wilson v.
Sidco Mining, Inc., Docket No. CENT 2000-87-DM.