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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, DC 20004-1710

SECRETARY OF LABOR : 

 MINE SAFETY AND HEALTH : 

 ADMINISTRATION (MSHA) : 

 : 

 v. : Docket No. WEST 2022-0097 

 : 

GENEVA ROCK PRODUCTS, INC. : 

BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners

ORDER

BY: Jordan, Chair; Althen and Baker, Commissioners 

 This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 

§ 801 et seq. (2018). Alleged violations at issue in this proceeding were referred to the 

Department of Justice (“DOJ”) for potential indictments under section 110(c) and 110(d) of the 

Mine Act, 30 U.S.C. §§ 820(c), (d). On July 17, 2023, a Commission Administrative Law Judge 

issued an order staying the instant proceeding pending the completion of the DOJ’s criminal 

investigation and any subsequent proceedings. On October 4, the Commission received the 

Secretary of Labor’s petition for interlocutory review. 

 Commission Procedural Rule 76(a) provides that interlocutory review is a matter of 

sound discretion of the Commission, and that the Commission may grant interlocutory review 

upon a determination that the Judge’s interlocutory ruling involves a controlling question of law 

and immediate review will materially advance the final disposition of the proceeding. 29 C.F.R. 

§ 2700.76(a). 

 Upon consideration of the Secretary’s petition, we hereby grant interlocutory review of 

the Judge’s order of July 17, 2023. The issue on interlocutory review is whether the Judge 

abused his discretion when he ordered a stay of the case for an indefinite duration. 

December 14, 2023
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The Secretary shall file an opening brief with the Commission within 30 days of this 

order, and remaining briefs shall be filed in accordance with Commission Procedural Rule 75, 29 

C.F.R. § 2700.75. 

________________________________

Mary Lu Jordan, Chair

________________________________

William I. Althen, Commissioner

________________________________

Timothy J. Baker, Commissioner
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Distribution:

Jason Hardin, Esq.

Artemis Vamianakis, Esq.

Fabian Vancott

95 South State Street, Suite 2300

Salt Lake City, UT 84111

jhardin@fabianvancott.com

avamianakis@fabianvancott.com

April Nelson, Esq.

Associate Solicitor

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

Nelson.April@dol.gov

Emily Toler Scott, Esq.

Counsel for Appellate Litigation

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

scott.emily.t@dol.gov

Melanie Garris 

USDOL/MSHA, OAASEI/CPCO 

201 12th Street South, Suite 401

Arlington, VA 22202

Garris.Melanie@DOL.GOV

Emily O. Roberts, Esq.

Alexandra J. Gilewicz, Esq.

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

Roberts.emily.o@dol.gov

Gilewicz.alexandra.j@dol.gov
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Administrative Law Judge David P. Simonton

Federal Mine Safety Health Review Commission

Office of the Chief Administrative Law Judge

721 19th Street, Suite 443

Denver, CO 80202-2500

DSimonton@fmshrc.gov

Chief Administrative Law Judge Glynn F. Voisin

Federal Mine Safety Health Review Commission

Office of the Chief Administrative Law Judge

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

GVoisin@fmshrc.gov