An ALJ Determines That There Are Outer Limits of MSHA’s Relatively Unlimited Enforcement Authority By R. Brian Hendrix
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POV Process Violates Due Process, ALJ Rules
By Ellen Smith ALJ William Moran has dismissed a Pattern of Violations (POV) charge against Patriot Coal’s Brody Mining, stating that the POV charge is a violation of due process with a system that is “patently unfair, almost rigged,” and the company does not know what evidence to present for its defense.
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