Manalapan Mining Company (ALJ decision, November 17, 1994)

Plain-English summary

Manalapan Mining Company faced civil penalty proceedings in two dockets involving Mine #6. After the Commission remanded the cases, Judge Avram Weisberger reviewed the parties' joint settlement motion and the record. He found that the settlement terms met the criteria in section 110(i) of the Mine Act and approved the motion. The company was ordered to pay a $5,922 civil penalty for the violations found in the cases.

Decision snapshot

• Cited provision: 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, and Manalapan Mining was ordered to pay $5,922.
• Key point: The judge approved the settlement after finding that its terms met the Mine Act's penalty criteria.

Full text (FMSHRC public release)

~2308

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 93-614 Petitioner : A. C. No. 15-16318-03576
v. :
: Docket No. KENT 93-615
MANALAPAN MINING COMPANY, : A. C. No. 15-16318-03577 Respondent :
: Mine #6

DECISION ON REMAND

Before: Judge Weisberger

On September 14, 1994, the Commission granted Respondent's petition for discretionary review of my decision in these cases. On October 25, 1994, the Commission remanded these cases to me to rule on the joint motion to approve settlement which had been filed before the Commission on October 14, 1994.

I have reviewed the motion, and the record in these cases.
I conclude that the terms of the motion meet the criteria set forth in Section 110(i) of the Act. Accordingly, the motion is GRANTED.

It is Ordered that, within 30 days of this decision, Respondent pay a civil penalty of $5,922 for the violations found in these cases.

Avram Weisberger
Administrative Law Judge

Distribution:

Colleen A. Geraghty, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, VA 22203 (Certified Mail)

Susan C. Lawson, Esq., Buttermore, Turner, Lawson & Boggs, 111 South First Street, Harlan, KY 40831 (Certified Mail)

/efw