[DOCID: f:lke9817.wais] GARY D. MORGAN May 9, 2000 LAKE 98-17-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 May 9, 2000 GARY D. MORGAN : : v. : Docket No. LAKE 98-17-D : ARCH OF ILLINOIS : ORDER On April 21, 2000, the Commission received a Motion to Reconsider Previous Petition for Discretionary Review and Motion to Have Test Results Scientifically Analyzed from the complainant, Gary D. Morgan. Under Commission Procedural Rule 78, 29 C.F.R. § 2700.78, a motion for reconsideration must be filed within 10 days after a decision or order by the Commission. The Commission denied Morgan's petition for discretionary review on March 24, 2000. Accordingly, Morgan's motion for reconsideration is untimely under the Commission's rules. Moreover, having examined the arguments raised by Morgan's motion, we would deny the request for reconsideration in any event. In his motion, Morgan has not raised any new arguments concerning the judge's decisions that the Commission has not already considered. Further, Morgan's motion to have his test results scientifically analyzed is essentially a request to reopen the record, which would be inappropriate at this stage of these proceedings. For the foregoing reasons, the Motion to Reconsider and the Motion to Have Test Results Scientifically Analyzed are denied.[1] Mary Lu Jordan, Chairman James C. Riley, Commissioner Theodore F. Verheggen, Commissioner Robert H. Beatty, Jr., Commissioner Distribution Leonard D. Rice, Esq., 404 South Washington Street, Du Quoin, IL 62832 for Gary Morgan Marco J. Rajkovich, Jr., Esq., Robert I. Cusick, Esq.,Wyatt, Tarrant & Combs, 250 West Main Street, Suite 1700, Lexington, KY 40507 for Arch of Illinois **FOOTNOTES** [1] Commissioner Marks would grant the relief requested in the motions.