Ezel / Agency Decisions / KENT 85-121-M

Secretary of Labor (MSHA) v. Adams Stone Corporation (ALJ decision, January 31, 1986)

Secretary of Labor v. Adams Stone Corporation (FMSHRC KENT 85-121-M): $720 in mine penalties assessed

Decision type
ALJ decision
Docket
KENT 85-121-M
Decided
January 31, 1986
Presiding judge
William Fauver
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
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 1986 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 1986
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

The Secretary sought civil penalties against Adams Stone Corporation for alleged mine violations. Before the scheduled hearing, the company said it would not attend. Judge William Fauver treated that statement as a waiver of the hearing and withdrawal of the company's contest. He accepted the allegations as true and assessed $180 for each of four violations, totaling $720. The decision does not identify the safety standards underlying those violations.

Decision snapshot

  • Cited provision: Mine Act section 110(i), governing civil penalty criteria.
  • Outcome: Four penalties of $180 each assessed, totaling $720, payable within 30 days.
  • Key point: The company's withdrawal of its contest left the Secretary's allegations undisputed for this decision.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ADAMS STONE
DDATE:
19860131
TTEXT:
~186

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 85-121-M
PETITIONER
A.C. No. 15-00056-05502

v. Jenkins Mine & Mill
ADAMS STONE CORPORATION,
RESPONDENT

DECISION

Before: Judge Fauver

This case is scheduled for hearing in Lexington, Kentucky, on April 7, 1986.

Respondent has filed a statement that it will not attend the hearing. This statement is deemed to be a waiver of Respondent's hearing rights and a withdrawal of its contest of the Secretary's Proposal for Assessment of Civil Penalty.

ORDER

WHEREFORE IT IS ORDERED that:

1. The allegations in the Secretary's Order No. 2385598, January 16, 1985, and amended on January 20, 1985, are deemed to be true and are incorporated herein as Findings of Fact and Conclusions of Law.

2. Considering the criteria of section 110(i) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., Respondent is ASSESSED a civil penalty of $180 for each of the four violations alleged in the attachments to the Secretary's Proposal for Civil Penalty.

3. Respondent shall pay the above-assessed civil penalties in the total amount of $720 within 30 days of this Decision.

William Fauver
Administrative Law Judge

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