Raven Mining Company (ALJ decision, January 27, 1993)

Plain-English summary

Raven Mining agreed to resolve a civil penalty proceeding after a hearing. The Secretary proposed reducing the penalty from $1,000 to $500. The Judge reviewed the parties' representations, supporting documents, and the trial proceedings, found the settlement appropriate under the Mine Act's penalty criteria, and ordered Raven Mining to pay $500 within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and a $500 penalty was ordered.
• Key point: An ALJ may approve a negotiated penalty reduction after reviewing the settlement record and the statutory penalty criteria.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 92-434 Petitioner : A.C. No. 15-16743-03509
v. :
: No.3 Mine
RAVEN MINING COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Darren L. Courtney, Esq., Office of the Solicitor, U.S. Department of Labor,
Nashville, Tennessee, for the Petitioner;
Billy R. Shelton, Esq., Baird, Baird, Baird, and Jones, P.S.C., Pikeville, Kentucky, for the Respondent

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Following hearings on October 23, 1992, Petitioner filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $1,000 to $500 was proposed. I have considered the representations and documentation submitted in this case, as well as proceedings at trial, 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.
Gary Melick
Administrative Law Judge

Distribution:

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

Billy R. Shelton, Esq., Baird, Baird, Baird and Jones, P.S.C., 415 Second Street, P.O. Box 351, Pikeville, KY 41502 (Certified Mail)

/lh