SECRETARY OF LABOR, v. WEBSTER COUNTY COAL LLC |
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Docket No. KENT 2004-67 |
BEFORE: Duffy, Chairman; Jordan, Suboleski, and Young, Commissioners
ORDER
BY THE COMMISSION:
On August 31, 2005, the Secretary of Labor filed with the Commission a Motion to Correct the Decision Approving Settlement issued in these proceedings by Commission Administrative Law Judge T. Todd Hodgdon on November 8, 2004. The Secretary seeks to correct a mistake her counsel made in calculating the total penalty amount, which was subsequently submitted to the judge. The judge's order became a final order of the Commission 40 days after its issuance. 30 U.S.C. § 823(d)(1). Under Commission Procedural Rule 69(c), a judge may correct clerical errors in a final order with leave of the Commission. 29 C.F.R. § 2700.69(c).
Upon consideration of the Secretary's motion, it is granted. We reopen the case, remand the matter to the judge, and grant him leave to correct the error.
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Michael F. Duffy, Chairman
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Mary Lu Jordan, Commissioner
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Stanley C. Suboleski, Commissioner
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Michael G. Young, Commissioner
Distribution:
Thomas A. Grooms, Esq.
Office of the Solicitor
U.S. Department of Labor
618 Church Street, Suite 230
Nashville, TN 37219-2456
Thomas C. Means, Esq.
Crowell & Moring, LLP
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004-2502
Toni Balot
Office of Assessments
U.S. Department of Labor
1100 Wilson Blvd., 21st Floor
Arlington, VA 22209-3939
Administrative Law Judge T. Todd Hodgdon
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
601 New Jersey Avenue, N.W., Suite 9500
Washington, D.C. 20001-2021