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[DOCID: f:d991c.wais]

 
DISCIPLINARY PROCEEDING
August 18, 1999
D 99-1


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                1730  K  STREET  NW,  6TH  FLOOR

                    WASHINGTON,  D.C.   20006


                         August 18, 1999

DISCIPLINARY PROCEEDING          :  Docket No. D 99-1


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


                              ORDER

BY THE COMMISSION:

     This matter was docketed by the Commission and assigned
to Administrative Law Judge T. Todd Hodgdon following a
Referral for Disciplinary Proceedings filed with the
Commission by the Secretary of Labor.  On July 2, 1999, the
judge transmitted to the Commission an Application for
Appointment of Prosecutor in this matter.  The application
states that, in response to a prehearing order, the
Secretary of Labor asserted that she "is not a party to
these proceedings and does not expect to participate at the
hearing in this matter."  Application at 1.  The judge noted
that, "[w]ith the withdrawal of the Secretary, there is no
one to represent the interests of the Commission in insuring
that individuals practicing before it `conform to the
standards of ethical conduct required of practitioners in
the courts of the United States.'"  Id. (quoting 29 C.F.R. 
� 2700.80(c)).  The judge therefore requested "appointment 
of counsel to prosecute this matter at the hearing." Id.

     Upon consideration of the application, it is granted.  
The Commission has decided to utilize the services of a
government trial attorney to serve as prosecutor, and has
determined administratively that the National Labor
Relations Board ("Board") is able to furnish a trial
attorney to prosecute this matter.  The attorney selected by
the Board shall enter his or her appearance before Judge
Hodgdon.




                            ________________________________
                            Mary Lu Jordan, Chairman
                            
                            ________________________________
                            Marc Lincoln Marks, Commissioner
                            
                            ________________________________
                            James C. Riley, Commissioner
                            
                            ________________________________
                            Theodore F. Verheggen, Commissioner
                            
                            ________________________________
                            Robert H. Beatty, Jr., Commissioner


Distribution

Richard Seigel, Esq.
Associate General Counsel
National Labor Relations Board
1099 14th Street, N.W.
Washington, D.C.  20570

David J. Farber, Esq.
Patton Boggs, LLP
2550 M Street, N.W.
Washington, D.C.  20037

Administrative Law Judge T. Todd Hodgdon
Federal Mine Safety and Health Review Commission
Office of the Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, VA 22041