Ezel / Agency Decisions / cent-96-112-alj
FMSHRC ALJ decision Docket CENT 96-112, CENT 96-160, CENT 96-161, CENT 96-165, CENT 96-166, CENT 96-167 Decided January 31, 1997 Procedural Judge Paul Merlin

H M I a.k.a. Heatherly Mining, Incorporated

H M I a.k.a. Heatherly Mining, Incorporated (FMSHRC CENT 96-112, CENT 96-160, CENT 96-161, CENT 96-165, CENT 96-166, CENT 96-167): Penalty proceedings dismissed

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This order from 1997 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 1997
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, 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.
Read the official release (fmshrc.gov)

Plain-English summary

HMI, also called Heatherly Mining, asked to dismiss six civil penalty proceedings based on a settlement payment covering violations issued on or before June 30, 1996. The listed cases were not included in the settlement agreement's attached list, but the Secretary later identified them as pending assessments that had been deemed uncollectible. The Secretary no longer intended to prosecute the penalties, so the judge dismissed all six proceedings.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: Six civil penalty proceedings were dismissed.
  • Key point: The proceedings were dismissed after the Secretary advised that the assessments were uncollectible and would not be prosecuted.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREET, N.W., 6TH FLOOR
WASHINGTON, D. C. 20006-3868

                        January 31, 1997

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) : Docket No. CENT 96-112
Petitioner : A.C. No. 34-01787-03504
:
v. : Docket No. CENT 96-160
H M I a.k.a. HEATHERLY : A. C. No. 34-01787-03505
MINING, INCORPORATED, :
Respondent : Docket No. CENT 96-161
: A. C. No. 34-01787-03507
:
: Docket No. CENT 96-165
: A. C. No. 34-01787-03506
:
: Docket No. CENT 96-166
: A. C. No. 34-01787-03508
:
: Pollyanna #8
:
: Docket No. CENT 96-167
: A. C. No. 34-01633-03601
:
: Pollyanna #4
:
: Docket No. CENT 96-168
: A. C. No. 34-01746-03520
:
: Pollyanna #7
ORDER OF DISMISSAL
Before: Judge Merlin
On November 26, 1996, I issued an order directing the operator
to provide additional information to support its motions to dismiss
the above captioned cases.
The operator had filed identical motions to dismiss in these
cases stating that it had paid $75,000 pursuant to a settlement
agreement with MSHA for all violations issued to the operator on
or before June 30, 1996. The operator attached a copy of the
settlement agreement which contained a list identifying the
matters involved in the settlement. The violations in these
cases were issued before June 30, 1996, but the instant cases did
not appear on that list.
In a letter to operator=s counsel dated January 16, 1997, a
copy of which was sent to the Commission, the Solicitor lists all
current civil penalty assessments pending against Heatherly
Mining Company, HMI, and/or P&K. The instant cases are included
on this list. The Solicitor states that the Secretary has deemed

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these cases uncollectible. The Solicitor further states that all
civil penalties assessed against the aforementioned companies for
citations issued after August 1, 1996, will be reassessed in the
name of George Colliers, Incorporated.
In light of the foregoing, it is clear that the Secretary
no longer intends to prosecute these civil penalties against this
operator. Therefore, these matters can be dismissed.
Accordingly, it is ORDERED that these cases be DISMISSED.

                             Paul Merlin
                             Chief Administrative Law Judge

Distribution: (Certified Mail)
Yoora Kim, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Boulevard, Arlington, VA 22203
Robert A. Goldberg, Esq., Jack F. Ostrander, Esq., Office of the
Solicitor, U. S. Department of Labor, 525 Griffin Street, Suite
501, Dallas, TX 75202
Thomas H. Stringer, Jr., Esq., Heatherly Mining, Inc., 502 W.
Broadway, Henryetta, OK 74437
Ned Zamarripa, Conference and Litigation Representative, U. S.
Department of Labor, MSHA, P. O. Box 25367, Denver, CO 80225
Mr. Matt Richardson, HMI, Post Office Box 550, Henryetta, OK
74437
/gl

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