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FMSHRC CASE ANALYSIS
Violations
In general, MSHA inspectors have very wide discretion in the issuance and non-issuance of citations for violations of the standards and regulations set out in 30 C.F.R.
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Every Violation
Considerable Discretion
Multiple Citations for Multiple Violative Conditions
Same-Standard/Same-Area Exception
Failure to Examine Citations
Multiple Record Keeping Violations
Multiple Citations for Single Violative Event
No Best Standard Defense
No Estoppel Defense
Other Inconsistent Enforcement Defenses
Fair Notice Required
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