KAS Coal Inc.

Plain-English summary

KAS Coal Inc. and the Secretary jointly asked the ALJ to approve a settlement in three civil penalty proceedings. The proposed violations had been assessed at a total of $809, and KAS Coal agreed to pay the full amount. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement, ordered payment within 30 days, and directed that the proceedings be dismissed after payment.

Decision snapshot

• Cited provision(s): 30 U.S.C. § 815(d) and § 820(i).
• Outcome: The settlement was approved for $809, payable within 30 days, with dismissal after payment.
• Key point: The ALJ approved the full proposed penalty after reviewing the parties' representations and documentation under the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. KAS COAL INC
DDATE:
19850912
TTEXT:

Page 2

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

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 85-58
PETITIONER A.C. No. 15-14633-03503

      v.                             Docket No. KENT 85-93
                                     A.C. No. 15-14633-03505

                                     Docket No. KENT 85-118

KAS COAL INC., A.C. No. 15-14633-03506
RESPONDENT
KAS No. 1

Appearances: Charles C. Kerz, Esq., U.S. Department of Labor,
Nashville, TN, for Petitioner;
Mr. Kenneth Graham, Louisville, KY, for
Respondent

                   DECISION APPROVING SETTLEMENT

Before: Judge Maurer

 These cases are before me upon petitions for assessment of

civil penalties under Section 105(d) of the Federal Mine Safety
and Health Act of 1977 (the Act). Subsequent to their opening
statements at the hearing on August 7, 1985 at London, Kentucky,
the parties jointly moved for approval of a settlement agreement
and dismissal of the cases. The violations in these cases were
originally assessed at a total of $809 and the Respondent has
agreed to remit the full amount. I have considered the
representations and documentation submitted in these cases, 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 a settlement is

GRANTED, and it is ORDERED that Respondent pay a penalty of $809
within 30 days of this decision. Upon payment, these proceedings
are DISMISSED.

                                Roy J. Maurer
                                Administrative Law Judge