Ezel / Agency Decisions / KENT 89-242-R

Gatliff Coal Company, Inc. (ALJ decision, March 18, 1993)

Gatliff Coal Company, Inc. (FMSHRC KENT 89-242-R and related dockets): Settlement approved after penalty reassessment

Decision type
ALJ decision
Dockets
KENT 89-242-R, KENT 89-243-R, KENT 89-244-R, KENT 89-245-R, KENT 89-246-R, KENT 89-247-R, KENT 89-248-R, KENT 89-249-R, KENT 89-250-R, KENT 89-251-R, KENT 89-252-R
Decided
March 18, 1993
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 814(a) 30 U.S.C. § 814(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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 decision, not Commission precedent
This decision 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

The Commission remanded the captioned cases for reassessment of the civil penalty for Citation No. 3178705 after the original section 104(d) order was modified to a section 104(a) citation without unwarrantable-failure findings. Judge Gary Melick approved the parties' settlement, reducing the proposed penalty from $4,000 to $500. The judge considered the trial record and the revised nature of the citation and ordered payment of $500 within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. §§ 814(a), 814(d), 820(i)
  • Outcome: The settlement was approved and the penalty for Citation No. 3178705 was set at $500.
  • Key point: After the underlying enforcement order was reduced to a section 104(a) citation, the judge approved a substantially reduced penalty based on the statutory penalty factors and the case record.

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

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 90-100 Petitioner : A.C. No. 15-04322-05530 :
v. : Docket No. KENT 90-215
: A.C. No. 15-04322-05531
GATLIFF COAL COMPANY, INC. :
Respondent : Gatliff No. 1 Mine
:
GATLIFF COAL COMPANY, INC., : NOTICES OF CONTEST Contestant : Docket No. KENT 89-242-R
v. : Citation No. 3178703; 8/3/89
: Docket No. KENT 89-243-R
SECRETARY OF LABOR,
: Citation No. 3178704; 8/3/89
MINE SAFETY AND HEALTH : Docket No. KENT 89-244-R ADMINISTRATION (MSHA), : Citation No. 3178706; 8/3/89
Respondent : Docket No. KENT 89-245-R : Citation No. 3178707; 8/3/89
: Docket No. KENT 89-246-R
: Citation No. 3178708; 8/3/89
: Docket No. KENT 89-247-R
: Citation No. 3178709; 8/3/89
: Docket No. KENT 89-248-R
: Citation No. 3178710; 8/3/89
: Docket No. KENT 89-249-R
: Citation No. 3178711; 8/3/89
: Docket No. KENT 89-250-R
: Citation No. 3178712; 8/3/89
: Docket No. KENT 89-251-R
: Citation No. 3178713; 8/3/89
: Docket No. KENT 89-252-R
: Citation No. 3178714; 8/3/89
: Gatliff No. 1 Mine
: Mine ID No. 15-04322

DECISION APPROVING SETTLEMENT

Before: Judge Melick

The captioned cases were remanded by the Commission on December 7, 1992, for reassessment of civil penalties for Citation No. 3178705 in Docket No. KENT 90-100 under Section 110(i) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner thereafter filed a motion to approve a settlement agreement as to this citation. A reduction in penalty from $4,000 to $500 is proposed. I have considered the fact that following trial and appeals to this Commission, the original Section 104(d) order was modified to a Section 104(a) citation without "unwarrantable failure" findings. I have also considered the trial transcript and evidence in this case 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 settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $500 within 30 days of this order for the violation charged in Citation No. 3178705.

Gary Melick
Administrative Law Judge

Distribution:

Anne T. Knauff, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

Robert I. Cusick, Esq., Wyatt, Tarrant and Combs, 2600 Citizens Plaza, Louisville, KY 40202 (Certified Mail)

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