Ezel / Agency Decisions / KENT 85-123

Secretary of Labor (MSHA) v. J & K Trucking (ALJ decision, October 29, 1985)

Secretary of Labor v. J & K Trucking (FMSHRC KENT 85-123): $68 settlement approved

Decision type
ALJ decision
Docket
KENT 85-123
Decided
October 29, 1985
Presiding judge
Gary Melick
Outcome
Settled
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 1985 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 1985
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 approving a settlement, 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 of Labor and J & K Trucking jointly asked Judge Gary Melick to approve a settlement in a civil penalty case involving the No. 4 Surface Mine. J & K Trucking agreed to pay the proposed $68 penalty in full. After considering the parties' submissions and an MSHA investigation report, the judge approved the settlement and ordered payment within 30 days. The decision does not identify the underlying cited standard.

Decision snapshot

  • Cited standards: None identified in this decision.
  • Outcome: Settlement approved; J & K Trucking must pay $68 within 30 days.
  • Key point: The judge found the agreed penalty appropriate under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. J & K TRUCKKING
DDATE:
19851029
TTEXT:
~1722
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 85-123
PETITIONER
A.C. No. 15-13937-03501 E7L
v.
No. 4 Surface Mine
J & K TRUCKING,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Mary Sue Ray, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Petitioner;
Leon L. Hollon, Esq., Hollon, Hollon & Hollon, Hazard, Kentucky, for Respondent.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing the parties filed a joint motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $68 in full. In connection with that motion a complete "Report of Investigation" by MSHA was also filed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $68 within 30 days of this order.

Gary Melick
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace