Carol Coal Corporation (ALJ decision, December 18, 1992)

Plain-English summary

Carol Coal Corporation and its president entered criminal plea agreements concerning falsified dust samples submitted to MSHA. The Secretary agreed to seek dismissal of the related civil penalty proceeding. Judge James A. Broderick found that dismissal served the purposes of the Mine Act and dismissed the proceeding.

Decision snapshot

• Cited standard(s): The order does not identify a specific Mine Act or regulatory provision.
• Outcome: The civil penalty proceeding under Master Docket No. 91-1 and Docket No. VA 91-583 was dismissed.
• Key point: The Judge dismissed the proceeding after the operator and its president entered a plea agreement concerning the falsification of dust samples.

Full text (FMSHRC public release)

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SECRETARY OF LABOR,
) CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Master Docket No. 91-1 Petitioner ) Docket No. VA 91-583
v. ) A.C. No. 44-04079-03525D
)
CAROL COAL CORPORATION,
) No. 1 Mine
Respondent )

ORDER OF DISMISSAL

Before: Judge Broderick

On December 1, 1992, the Secretary filed a motion to dismiss this proceeding on the grounds that on August 2, 1992, the Respondent and Donald R. Lester, President of Respondent entered into plea agreements, agreeing to plead guilty to charges of conspiracy to defraud an agency of the United States in connection with the civil violations charged herein. Respondent contracted with Triangle Research to handle its dust sampling program. Triangle's principal and agent admitted falsifying the samples submitted to MSHA and admitted that on numerous occasions they blew air on the filter surfaces of manufactured dust samples. Harry White and Ronald Ellis of Triangle have been convicted of defrauding the Government and have been sentenced to prison. Respondent provided Triangle with signed blank dust data cards which were submitted to MSHA with the samples.

On May 8, 1992, Judge James C. Turk of the Southern District of West Virginia sentenced Carol Coal Company to pay a fine of $30,000 and to 2 years probation. Donald R. Lester was sentenced to 2 years probation, 2 months home confinement, and a fine of $5,000. As part of the plea agreement, the Secretary agreed to move to dismiss pending civil penalty proceedings against Respondent for violations of the laws governing the dust sampling program.

I conclude that under the circumstances dismissal of this proceeding effectuates the purposes of the Mine Act.

Accordingly, this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

Distribution:

Douglas White, Esq., Mark R. Malecki, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Suite 400 Arlington, VA 22203 (Certified Mail)

John J. Polak, Esq., King, Betts and Allen, Post Office Box 3394, Charleston, WV 25333 (Certified Mail)

Hand delivered to Lead Defense Counsel Committee

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