Ezel / Agency Decisions / KENT 86-123-D

Ronald Tolbert (ALJ decision, August 31, 1991)

Ronald Tolbert and related complainants (FMSHRC KENT 86-123-D and related dockets): Settlement dismissal

Decision type
ALJ decision
Dockets
KENT 86-123-D, KENT 86-1-D, KENT 86-51-D
Decided
August 31, 1991
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Reviewed by the Commission
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1991
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Ronald Tolbert, Odell Maggard, and the Secretary of Labor were complainants in related discrimination proceedings against Chaney Creek Coal Corporation and Dollar Branch Coal Corporation. The complainants requested permission to withdraw their complaints under a mutually agreeable settlement. Judge Gary Melick granted the request after the proposed $1,000 civil penalty had been paid in full. The cases were dismissed and the scheduled hearings were canceled.

Decision snapshot

  • Cited standards: None stated in this order.
  • Outcome: The related discrimination proceedings were dismissed after settlement and payment of the $1,000 civil penalty.
  • Key point: The ALJ permitted withdrawal of the complaints under the settlement and canceled the scheduled hearings.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges 2 Skyline, 10th Floor 5203 Leesburg Pike Falls Church, Virginia 22041

RONALD TOLBERT,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 86-123-D

CHANEY CREEK COAL CORPORATION,
RESPONDENT

ODELL MAGGARD,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 86-1-D
MSHA Case No. BARB CD 85-48
CHANEY CREEK COAL CORPORATION,
RESPONDENT

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
DISCRIMINATION PROCEEDING
ADMINISTRATION (MSHA),
COMPLAINANT
Docket No. KENT 86-51-D
v. MSHA Case No. BARB CD 85-48
Dollar Branch Mine
DOLLAR BRANCH COAL CORPORATION,
RESPONDENTS

AND

CHANEY CREEK COAL CORPORATION,
RESPONDENTS

ORDER OF DISMISSAL

Before: Judge Melick

The Complainants, in essence, request approval to withdraw their Complaints in the captioned cases on the basis of a mutually agreeable settlement agreement. In addition, the proposed civil penalty of $1000 has been paid in full. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. These cases are therefore dismissed and the hearings scheduled for September 10, 1991, are accordingly cancelled.

Gary Melick
Administrative Law Judge

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