Ezel / Agency Decisions / KENT 82-109

Secretary of Labor v. Sterling Energy, Inc. (ALJ decision, September 28, 1984)

Secretary of Labor v. Sterling Energy, Inc. (FMSHRC KENT 82-109): $4,685 in mine safety penalties after default hearing

Decision type
ALJ decision
Dockets
KENT 82-109, KENT 82-121, KENT 82-147
Decided
September 28, 1984
Presiding judge
William Fauver
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

MSHA sought civil penalties against Sterling Energy in three cases involving its Ely Hollow Deep Mine. Judge William Fauver had approved part of a proposed settlement and asked for more information about the rest. He then set a hearing; Sterling Energy did not appear, so he heard the Secretary's evidence in a default hearing. The judge assessed penalties for 35 citations, incorporating his bench findings and the findings in his earlier decision. He ordered Sterling Energy to pay $4,685 within 30 days.

Decision snapshot

  • Cited standards: The decision lists citation numbers but does not identify their underlying standards.
  • Outcome: Civil penalties assessed on 35 citations, totaling $4,685.
  • Key point: After Sterling Energy did not appear at the hearing, the judge considered the evidence and assessed penalties for the listed citations.

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
SEP 28 1984
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket Nos. KENT 82-109
Petitioner : KENT 82-121
: KENT 82-147
v. : A.C. Nos. 15-11652-03019
: 15-11652-03020
: 15-11652-03501
STERLING ENERGY, INC.,
:
Respondent : Ely Hollow Deep Mine

DECISION

Appearances: Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Department of Labor, for Petitioner:
Respondent failed to appear at the hearing.
Before: Judge Fauver

On February 10, 1984, a Decision Approving Settlement in Part and Ordering More Information was entered. In response, the Secretary of Labor submitted further information as to the parts of the proposed settlement that were not approved.

After considering the additional information, I determined that the cases should go to hearing. Pursuant to notice of hearing, the cases were called for hearing at Knoxville, Tennessee on July 24, 1984. Counsel for the Secretary appeared, with his witnesses and documentary evidence. Respondent did not appear at the hearing. Accordingly, a default hearing was held. After considering the evidence and the statutory criteria for assessment of civil penalties, I entered a decision from the bench, assessing Respondent the following civil penalties:

Citation
Civil Penalty
988430
$56
988431
56
988432
500
988433
200
988434
500
988435
32
1205543
32
1205544
160
1205545
98
1205546
56
1255547
240
1205548
48
1205549
180
1205551
210
1205552
32
1205553
32
1205554
32
1205559
240
988585
60
9934970
36
1205550
200
9936078
50
1205571
200
1205572
200
1205573
50
1205574
85
1206199
50
1206200
50
1209241
300
1209242
200
1209243
50
2005001
250
2005002
75
2005003
75
2005005
50
$4685.00

This Decision incorporates the findings in the bench decision for each citation and the findings in the Decision entered on February 10, 1984.

ORDER

WHEREFORE IT IS ORDERED that Respondent shall pay the above civil penalties, in the total amount of $4685.00, within 30 days from this date.

William Fauver
Administrative Law Judge

Distribution:
Carole M. Fernandez, Esq., and Thomas A. Grooms, Esq., Darryl Stewart, Esq., U.S. Department of Labor, Office of the Solicitor, 280 U.S. Courthouse, 801 Broadway, Nashville, TN 37203 (Certified Mail)

Mr. Ralph Ball, President, Sterling Energy, Inc., P.O. Box 1528, LaFollette, TN 37766 (Certified Mail)

/kg

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