Ezel / Agency Decisions / KENT 83-62

Secretary of Labor (MSHA) v. Coal Carriers, Inc. (ALJ decision, October 7, 1983)

Secretary of Labor (MSHA) v. Coal Carriers, Inc. (FMSHRC KENT 83-62): Citations affirmed after operator declined to contest

Decision type
ALJ decision
Docket
KENT 83-62
Decided
October 7, 1983
Presiding judge
Charles C. Moore, Jr.
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

MSHA brought a civil penalty case against Coal Carriers, Inc., operator of the Coal Carriers Mine. The Solicitor reported that the company had filed for bankruptcy and no longer wished to contest the citations and penalties. Judge Charles C. Moore, Jr. treated that announcement like a default, without requiring a show cause order. He affirmed the citations and ordered the company to pay a $336 civil penalty within 30 days. The decision does not identify the standards underlying the citations.

Decision snapshot

  • Cited standards: Not specified in the decision.
  • Outcome: Citations affirmed; $336 civil penalty ordered.
  • Key point: The judge treated the operator's decision to stop contesting the case as a default, not a settlement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. COAL CARRIERS
DDATE:
19831007
TTEXT:
~1765

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR.
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No: KENT 83-62
PETITIONER
A/O No: 15-10062-03501

v. Coal Carriers Mine

COAL CARRIERS, INC.,
RESPONDENT

DECISION

Before: Judge Moore

By letter of September 29, 1983 the Solicitor has advised that respondent has filed for bankruptcy and is no longer interested in contesting the citations and penalties. A copy of a letter from respondent's attorney confirms this.

This is not a settlement. It is more like a default in that respondent has announced, in effect, that it would not show up at a hearing. I am therefore treating the case as I would an actual default, but without the issuance of a useless show cause order.

The citations are affirmed and respondent is ordered to pay to MSHA, within 30 days, a civil penalty of $336.

Charles C. Moore, Jr.
Administrative Law Judge

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