Ezel / Agency Decisions / kent-86-40-alj
FMSHRC ALJ decision Docket KENT 86-40 Decided April 15, 1987 Procedural Judge George A. Koutras

Pyro Mining Company

Pyro Mining Company (FMSHRC KENT 86-40): Settlement amount corrected to $1,600

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This order from 1987 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 1987
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 order correcting a prior settlement decision, not Commission precedent
This order corrected the approved settlement amount for Order No. 2513117 from $2,000 to $1,600. It 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

Judge George A. Koutras had approved a settlement in the proceeding against Pyro Mining Company. The earlier decision stated that Order No. 2513117 was settled for $2,000. The parties later informed the judge that they had agreed to settle the alleged violation for $1,600. After reviewing the Commission file and settlement motion, the judge corrected the decision to show the $1,600 approved amount.

Decision snapshot

  • Cited standard(s): 30 C.F.R. § 75.301
  • Outcome: The approved settlement amount for Order No. 2513117 was corrected from $2,000 to $1,600.
  • Key point: The order corrected the settlement figure to match the parties’ agreement and the official Commission file.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PYRO MINING
DDATE:
19870415
TTEXT:

Page 2

~796

          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 86-40
PETITIONER A.C. No. 15-13881-03576

     v.                            Pyro No. 9 Slope

PYRO MINING COMPANY,
RESPONDENT

                      ORDER CORRECTING DECISION

Before: Judge Koutras

 On April 15, 1987, I issued a decision approving a

settlement in this case. Page 2 of the decision reflects that the
parties agreed to settle Order No. 2513117, August 28, 1985, 30
C.F.R. 75.301, for the full amount of MSHA's $2,000 proposed
civil penalty assessment. However, in a subsequent telephone
conference held on April 20, 1987, counsel for the parties
informed me that the decision is in error in that the parties
agreed to settle the alleged violation for $1,600.

 After review of the official Commission file in this matter,

including the settlement motion filed by the parties, I find that
the parties are correct, and that my decision with respect to the
settlement approval for the violation in question is in error.
Accordingly, IT IS ORDERED that my decision of April 15, 1987, be
corrected by striking the figure $2,000 under the column labeled
"Settlement" on page 2, and inserting the correct figure of
$1,600 as the approved settlement amount for Order No. 2513117.

                                George A. Koutras
                                Administrative Law Judge

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