Camp Fork Fuel Company (ALJ decision, May 12, 1989)

Plain-English summary

Camp Fork Fuel Company had five uncontested violations in a civil penalty proceeding. After the Commission vacated an earlier dismissal and remanded the case because the assessed penalty had not been paid, MSHA reported that the company had paid $441 toward this assessment and later sent another $295 for the remaining penalties. Judge Paul Merlin accepted the Secretary's representations, found that no hearing was needed, and dismissed the case.

Decision snapshot

• Cited standards: None stated in this order.
• Outcome: After the assessed penalties were paid, the remanded civil penalty proceeding was dismissed without a further hearing.
• Key point: Payment of the remaining assessed penalties resolved the remanded proceeding and supported dismissal.

Full text (FMSHRC public release)

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C.

May 12, 1989

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. KENT 88-178
Petitioner : A. C. No. 15-08333-03525
:
v. : No. 4 Mine
:
CAMP FORK FUEL COMPANY,
:

ORDER OF DISMISSAL
Before: Judge Merlin
On March 15, 1989, a Decision Approving Penalty and Order of Dismissal was entered in this case. On March 24, 1989, the Se&e- tary filed a Motion for Reconsideration of the Order of Dismissal on the ground that the penalty had not been paid. In an Order dated April 7, 1989, the Commission vacated the dismissal and remanded this case for further appropriate proceedings.
On April 10, 1989, an order was issued in accordance with the Commission remand directing that within 21 days the parties confer and advise whether a hearing would be necessary. On April 24, 1989, the Solicitor advised as follows: ’ The records of the Civil Penalty Process- ing Unit, Mine Safety and Health Administra- tion, United States Department of Labor
(MSHA), establish that the Respondent mailed check number 12087 dated October 9, 1988, to the Department of Labor. This check was in the amount of $927.00.
Attached to this check was a Proposed
Assessment form on which the Respondent had indicated that $441.00 of this amount was to be credited to this assessment number and that this $441.00 was for payment of the five uncontested violations in A. C. Number
15-08333-03525. The remaining $486.00 was credited to other civil money penalty assess- ments for which the Respondent owed payment, as was duly indicated by the Respondent in the transmittal of the check to MSHA.
By letter of April 13, 1989, Linda
Cantrell, Camp Fork Fuel Company, transmitted

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to the Federal Mine Safety and Health Review Commission a check in the amount of $295.00 for the remaining assessed penalties. She stated that the omission of this amount from the first check was an innocent oversight.
Finally, the Solicitor stated that no hearing was required.
The Solicitor's representations are accepted.
ORDER

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In light of the foregoing, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge
Distribution:
Mary Sue Ray, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail) Ms. Linda Cantrell, Bookkeeper, Camp Fork Fuel Company, Box C, Elkhorn City, KY 41522 (Certified Mail)

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