Ezel / Agency Decisions / KENT 88-191

Harlan Cumberland Coal Company (ALJ decision, February 8, 1990)

Harlan Cumberland Coal Company (FMSHRC KENT 88-191): Penalty corrected from $525 to $475

Decision type
ALJ decision
Dockets
KENT 88-191, KENT 88-192
Decided
February 8, 1990
Presiding judge
William Fauver
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

The judge amended his January 30, 1990 decision to correct a clerical error in the penalty amounts stated in the order. The corrected order changes the penalties from $525 to $475. The amendment covers the KENT 88-191 and KENT 88-192 civil penalty proceedings involving H-2 Mine and C-2 Mine. The short order does not provide further facts about the underlying violations or explain the original penalty calculation.

Decision snapshot

  • Cited standard(s): None stated in this amendment.
  • Outcome: The penalty amount in the prior order was modified from $525 to $475.
  • Key point: The judge corrected the amount of penalties in the order to reflect the intended $475 total.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HARLAM CUMBERLAND COAL
DDATE:
19900208
TTEXT:

Page 2

~217
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 88-191
PETITIONER
A.C. No. 15-11964-03541

v. H-2 Mine

HARLAN CUMBERLAND COAL COMPANY,
Docket No. KENT 88-192
RESPONDENT
A.C. No. 15-07201-03559

C-2 Mine
AMENDMENT TO CORRECT CLERICAL ERROR IN DECISION

The Decision dated January 30, 1990, is AMENDED to change the amount of penalties in the Order to read "$475" instead of "$525."

William Fauver
Adminstrative Law Judge

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