Ezel / Agency Decisions / 91-1

Ambrose Branch Coal Company (ALJ decision, December 18, 1992)

Ambrose Branch Coal Company (FMSHRC 91-1, VA 91-453): Settlement approved and penalty reduced to $750

Decision type
ALJ decision
Dockets
91-1, VA 91-453
Decided
December 18, 1992
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 C.F.R. § 70.209(b) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1992
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision approving a settlement, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Ambrose Branch Coal Company faced a penalty proceeding involving an alleged violation of the respirable-dust sampling regulation at its preparation plant. The Secretary maintained that the violation resulted from a deliberate act, while the operator denied that allegation and disputed the degree of negligence. The parties agreed to reduce the total penalty from $1,000 to $750. Judge James A. Broderick approved the settlement and ordered payment of $750 within 30 days.

Decision snapshot

  • Cited provisions: 30 C.F.R. § 70.209(b); 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved and the total civil penalty was reduced from $1,000 to $750.
  • Key point: The Judge approved the negotiated penalty reduction after considering the statutory penalty criteria.

Full text (FMSHRC public release)

~2072

SECRETARY OF LABOR,
) PENALTY PROCEEDING
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Master Docket No. 91-1 Petitioner ) Docket No. VA 91-453
v. ) A.C. No. 44-05265-03526D
)
AMBROSE BRANCH COAL COMPANY, ) Prep Plant No. 1 Mine Respondent )

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On November 30, 1992, the Secretary filed a motion to approve a settlement between the parties in the above case. The case includes one alleged violation of 30 C.F.R. § 70.209(b), each of which was originally assessed at $1,000. The Secretary continued to assert that the violations resulted from a deliberate act, which is denied by the mine operator. The degree of negligence is disputed, and the parties agree to the reduction in the total penalties from $1,000 to $750.

I have considered the motion in the light of the criteria in section 110(i) of the Act and conclude that it should be approved.

Accordingly, the settlement motion is APPROVED. The operator is ordered to pay within 30 days of the date of this order the sum of $750 for the violations charged in these proceedings.

James A. Broderick
Administrative Law Judge

Distribution:

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

Paul R. Ison, Ambrose Branch Coal Company, Post Office Box 806, Pound, VA 24279 (Certified Mail)

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