Ezel / Agency Decisions / KENT 85-199-M

Secretary of Labor v. Nally & Haydon, Inc. (ALJ decision, February 20, 1986)

Nally & Haydon, Inc. (FMSHRC KENT 85-199-M): $7,305 settlement approved

Decision type
ALJ decision
Dockets
KENT 85-199-M, KENT 85-200-M, KENT 85-201-M
Decided
February 20, 1986
Presiding judge
Joseph B. Kennedy
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 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 settlement order 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

Three civil penalty proceedings against Nally & Haydon involved its Hurricane Gap Quarry and Harlan mines. The parties amended their proposed settlement from $1,377 to $7,305. Judge Joseph B. Kennedy independently reviewed the amended proposal and found it consistent with the Mine Act. He ordered the company to pay $7,305 by March 21, 1986, with dismissal of the proceedings conditioned on payment. The order does not identify the underlying citations or safety standards.

Decision snapshot

  • Cited standards: The order does not identify them.
  • Outcome: Amended $7,305 settlement approved; dismissal conditioned on payment.
  • Key point: The judge approved the higher amended settlement after independent review.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. NALLY & HAYDON
DDATE:
19860220
TTEXT:
~249

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 85-199-M
PETITIONER
A.C. No. 15-00037-05501

v. Docket No. KENT 85-200-M
A.C. No. 15-00037-05502
NALLY & HAYDON, INC.,
RESPONDENT
Hurricane Gap Quarry Mine

Docket No. KENT 85-201-M
A.C. No. 15-00071-05504

Harlan Mine

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

This matter is before me on the parties' amended motion to approve settlement by increasing the amount of the settlement proposed from $1,377 to $7,305.

Based on an independent evaluation and res nova review of the circum- stances, I find the settlement, as now proposed, is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the operator pay the amount of the settlement agreed upon, $7,305, on or before Friday, March 21, 1986, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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