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In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that the agency was inconsistent in when it allowed review, which was arbitrary and capricious, so review would be granted.


Definitions:

Control

The power to influence or direct people's behavior or the course of events or the procedures in place to manage operations, compliance, and financial reporting.

Profit Center Manager

A manager responsible for both the revenue and costs of their department, thereby directly influencing its profitability.

Income From Operations

Revenue derived from a business's main activities after subtracting expenses like cost of goods sold and operating expenses, showcasing operational effectiveness.

Historical Performance

A record of the past performance or achievements of a particular entity or investment, often used to forecast future performance.

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