Dotson & Rife Coal Co., Inc. (ALJ decision, January 6, 1993)

Plain-English summary

The Secretary moved to dismiss civil penalty and contest proceedings after Dotson & Rife Coal Company and its principal entered plea agreements related to falsified dust samples. The company had contracted with Triangle Research, whose principal and agent admitted manipulating dust samples submitted to MSHA and were convicted of defrauding the government. As part of the plea agreement, the Secretary agreed to seek dismissal of the pending civil proceedings concerning the dust-sampling program. Judge James A. Broderick concluded that dismissal effectuated the purposes of the Mine Act and dismissed the proceedings.

Decision snapshot

• Cited standard(s): None specified in the order.
• Outcome: The consolidated contest and civil penalty proceedings were dismissed pursuant to the plea-agreement resolution.
• Key point: The ALJ dismissed related civil proceedings after the Secretary agreed to seek dismissal as part of a criminal plea resolution involving falsified dust samples.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

DOTSON & RIFE COAL CO., INC., ) CONTEST PROCEEDINGS Contestant )
v. ) Master Docket No. 91-1
) Docket No. KENT 91-670-R
SECRETARY OF LABOR, ) through KENT 91-678-R
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Citation Nos. 9858724
Respondent ) through 9858732; 4/4/91
)
) Mine No. 1
) Mine ID 15-05417
)
SECRETARY OF LABOR,
) CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Docket No. KENT 91-1200 Petitioner ) A.C. No. 15-05417-03532D
v. )
) Mine No. 1
DOTSON & RIFE COAL CO., INC., )
Respondent )

ORDER OF DISMISSAL

Before: Judge Broderick

On December 8, 1992, the Secretary filed a motion to dismiss these proceedings on the grounds that on August 12, 1991, the Respondent Dotson & Rife Coal Company and Jimmy Dotson, principal 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 filtered surfaces of manufactured dust samples. Harry White and Ronald Ellis of Triangle have been convicted of defrauding the Government and have received prison sentences.

On May 8, 1992, Judge Joseph M. Hood, of the Eastern District of Kentucky, sentenced Dotson & Rife Coal Company to pay a fine of $25,000 and to 2 years probation. Jimmy Dotson was sentenced to 2 years probation, 3 months home detention, and 3 months community service. 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 these proceedings effectuates the purposes of the Mine Act.

Accordingly, these proceedings are 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)

Ronald L. King, Esq., Robertson, Cecil, King & Pruitt, 237 Main Street, Drawer 1560, Grundy, VA 24614 (Certified Mail)

Hand delivered to Lead Defense Counsel Committee

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