Ezel / Agency Decisions / KENT 90-428

Ramblin Coal Company, Inc. (ALJ decision, July 1, 1991)

Ramblin Coal Company, Inc. (FMSHRC KENT 90-428, KENT 90-429, KENT 90-430): Settlements approved, citation vacated, proceedings stayed

Decision type
ALJ decision
Dockets
KENT 90-428, KENT 90-429, KENT 90-430
Decided
July 1, 1991
Presiding judge
William Fauver
Outcome
Mixed result
Precedential status
Interlocutory order, not final
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 1991 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 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.
Interlocutory ALJ order, not Commission precedent
This order approves partial settlements and stays the remaining citations. It does not dispose of the proceeding or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

These consolidated proceedings involved three Ramblin Coal dockets at the No. 5 and No. 8 Mines. Judge William Fauver approved a $105 settlement in KENT 90-428 and approved three settlements totaling $223 in KENT 90-429. He granted the Secretary's motion to vacate Citation No. 3367869 in KENT 90-430. Remaining citations were stayed pending the Commission's decision in Hobert Mining, and the judge deferred a merits decision on the remaining KENT 90-429 citations until after the parties' briefs.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: Settlements totaling $328 were approved, one citation was vacated, and remaining proceedings were stayed or deferred.
  • Key point: The order resolved some citations while preserving the remaining disputes for later proceedings.

Full text (FMSHRC public release)

Page 2

~1069

Federal Mine Safety and Health Review Commission Office of Administrative La w 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 90-428
PETITIONER
A.C. No. 15-16104-03533
v.
RAMBLIN COAL COMPANY, INC.,
No. 5 Mine
RESPONDENT
Docket No. KENT 90-429
A.C. No. 15-16685-03510

Docket No. KENT 90-430
A.C. No. 15-16685-03511

No. 8 Mine

ORDER

These consolidated cases came on for hearing at Prestonsburg, Kentucky, on June 18, 1991. Various motions were made and ruled upon from the bench. This Order confirms the bench rulings.

WHEREFORE IT IS ORDERED that:

1. The motion for approval of settlement in Docket No. KENT 90-428 is GRANTED. Respondent shall pay the approved civil penalty of $105 within 30 days of this Order and upon such payment Docket No. KENT 90-428 is DISMISSED.

2. In Docket No. KENT 90-430, the Secretary's motion to vacate Citation No. 3367869 is GRANTED.

3. In Docket No. KENT 90-429, the motion to approve settlement of the following citations, in the civil penalty amounts shown, is GRANTED.

Citation Civil Penalty

3367128
$91
3510164
$20
3510419
$112

Respondent shall pay the approved civil penalties of $223 within 30 days of this Order.

Page 3

~1070
4. STAY ORDER: as to all remaining citations in Docket No. KENT 90-430 and as to Citation No. 3509948 in Docket No. KENT 90-429, further proceedings are STAYED pending the Commission's decision in Hobert Mining, Inc., Docket No. WEVA 91-65.

5. A decision on the merits of the remaining citations in Docket No. KENT 90-429 shall be rendered after consideration of the parties' briefs.

William Fauver
Administrative Law Judge

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