FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001

January 22, 2007

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Petitioner

v.

MARFORK COAL COMPANY, INC.,
Respondent

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CIVIL PENALTY PROCEEDING

Docket No. WEVA 2006-934
A.C. No. 46-09048-94552

Slip Ridge Cedar Grove Mine

STAY ORDER

Citation No. 7257568 is a subject of the captioned civil penalty contest filed by Marfork Coal Company, Inc. (Marfork) pursuant to section 105(a) of the Federal Mine Safety and Health Act of 1977, as amended, (the Act), 30 C.F.R. § 815(a). Marfork’s appeal of the dismissal of its contest of Citation No. 7257568 in Docket No. WEVA 2006-790-R filed under section 105(d) of the Act, 30 C.F.R. § 815(d), because it was defective and an abuse of process, is before the Commission. 28 FMSHRC 842 (Sept. 2006) (ALJ), appeal docketed (Nov. 3, 2006); see also

28 FMSHRC 1066 (Dec. 2006) (ALJ). Consequently, this civil penalty proceeding IS STAYED pending the Commission’s disposition in WEVA 2006-790-R and its companion cases.

Jerold Feldman

Administrative Law Judge

Distribution: (Certified Mail)

Jerald S. Feingold, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd.,

22^nd Floor West, Arlington, VA 22209

Richard D. Hosch, Conference & Litigation Representative, Mine Safety and Health Administratrion, 100 Bluestone Road, Mt. Hope, WV 25880-1000

Carol Ann Marunich, Esq., Dinsmore & Shohl, LLP, 2604 Cranberry Square,

Morgantown, WV 26508

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