Ezel / Agency Decisions / KENT 93-895

Cobra Mining Incorporated (ALJ decision, February 14, 1994)

Cobra Mining Incorporated (FMSHRC KENT 93-895): Settlement approved at $240

Decision type
ALJ decision
Docket
KENT 93-895
Decided
February 14, 1994
Presiding judge
Arthur J. Amchan
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Cited standards
30 C.F.R. § 71.803 30 U.S.C. § 801 30 U.S.C. § 815(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 1994 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 1994
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

Cobra Mining Incorporated faced a civil penalty for an alleged violation of 30 C.F.R. § 71.803 at its surface mine. The parties agreed to reduce the proposed $382 penalty to $240. Judge Arthur J. Amchan approved the settlement and ordered payment in 12 monthly installments of $20, after which the case would be dismissed.

Decision snapshot

  • Cited standard(s): 30 C.F.R. § 71.803
  • Outcome: The settlement was approved at $240, payable in 12 monthly installments.
  • Key point: The approved settlement reduced the penalty and allowed structured payment.

Full text (FMSHRC public release)

CCASE:
SOL (MASHA) V. COBRA MINING
DDATE:
19940214
TTEXT:

Page 2

~335

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 PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. KENT 93-895
Petitioner
: A.C. No. 15-17018-03510
v. :
: No. 1 Surface Mine
:
COBRA MINING INCORPORATED,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Amchan

This case is before me upon petition for assessment of a civil penalty under 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. At the commencement of the hearing in this matter on January 11, 1994, the parties moved for approval of a settlement and to dismiss the case. The terms of the settlement are as follows:

The parties agree that the penalty for Citation/Order 9978535/4228205, alleging violation of 30 C.F.R. 71.803, is reduced from the proposed $382 to $240, which is to be paid in 12 $20 monthly installments, beginning February 1, 1994.

I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalty of $240 in 12 $20 installments beginning February 1, 1994. Upon such payment this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge
703-756-6210

Page 3

~336
Distribution:

MaryBeth Bernui, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Rd., Suite B-201, Nashville, Tennessee 37215 (Certified Mail)

Mr. Barry Johns, President, Cobra Mining Inc., P. O. Box 1400, Robinson Creek, Kentucky 41560 (Certified Mail)

/jf

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