Stoney Fork Coal Company (ALJ decision, May 30, 1986)

Stoney Fork Coal Company (FMSHRC KENT 85-214 and KENT 85-217): Settlement approved for $330

Decision type

ALJ decision

Dockets

KENT 85-214, KENT 85-217

Decided

May 30, 1986

Presiding judge

Joseph B. Kennedy

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-27

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.

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.

Read the official release (fmshrc.gov)

Plain-English summary

Stoney Fork Coal Company agreed to settle eight alleged violations at the Stoney No. 1 Mine. Judge Joseph B. Kennedy independently reviewed the proposed settlement and found it consistent with the purposes and policy of the Mine Act. He approved the settlement for $330 and ordered payment by June 10, 1986. Subject to payment, both proceedings were dismissed.

Decision snapshot

Cited standards: None stated in the decision.
Outcome: The settlement was approved for $330, and the two proceedings were dismissed subject to payment.
Key point: The judge approved the parties' proposed resolution after independently reviewing the settlement and the hearing record.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. STONEY FORK COAL
DDATE:
19860530
TTEXT:

Page 2

~853

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

SECRETARY OF LABOR
CIVIL PENTALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 85-214
PETITIONER
A.C. No. 15-09655-03516

v. Docket No. KENT 85-217
A.C. No. 15-09655-03517
STONEY FORK COAL COMPANY
RESPONDENT
Stoney No. 1 Mine

DECISION
Appearances: Carole M. Fernandez, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Petitioner;
Mr. Rodney L. Partin, Operator, Cumberland, Kentucky, for Respondent

Before: Judge Kennedy

These matters came on for a decision after hearing in Hazard, Kentucky, on May 20, 1986. At that time, the parties proposed settlement of the eight violations charged by payment of the following penalties:

CITATION
AMOUNT

2196110
$ 90.00
2196112
35.00
2196114
75.00
2196143
20.00
2196144
20.00
2196122
50.00
2196141
20.00
2195771
20.00
$330.00

Based on an independent evaluation and de novo review of the circumstances, as proffered in the parties' prehearing submissions and in the evidence adduced at the hearing, the trial judge found the settlement proposed was in accord with the purposes and policy of the Act.

Page 3

~854
Accordingly, it is ORDERED that the settlement be, and hereby is, APPROVED. It is FURTHER ORDERED that the operator pay the amount of the settlement agreed upon, $330, on or before Tuesday, June 10, 1986, and that subject to payment the captioned matters be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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