Stoney Fork Coal Company

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