Harlan Cumberland Coal Company (ALJ decision, February 28, 1995)

Harlan Cumberland Coal Company (FMSHRC KENT 94-408): Settlement approved at $426

Decision type

ALJ decision

Docket

KENT 94-408

Decided

February 28, 1995

Presiding judge

Roy J. Maurer

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-13

Cited standards

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 1995 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.

Final ALJ order

This administrative law judge decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because the Commission did not direct review. It 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

Harlan Cumberland Coal Company and the Secretary jointly asked the judge to approve a settlement for two citations at the C-2 Mine. The proposed settlement reduced the total penalty from $534 to $426, with each citation reduced from $267 to $213. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered the company to pay $426 within 30 days.

Decision snapshot

Cited standard(s): The order identifies two citations but does not state the underlying safety regulations.
Outcome: Settlement approved and the total penalty reduced from $534 to $426.
Key point: The judge approved the proposed penalty reduction after finding the settlement appropriate under the statutory penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

February 28, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. KENT 94-408
Petitioner : A. C. No. 15-07201-03631
v. :
: C-2 Mine
HARLAN CUMBERLAND COAL COMPANY, :
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Maurer

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). The parties have filed a joint motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $534 to $426 is proposed. The citations, initial assessments, and the proposed settlement amounts are as follows:

INITIAL
PROPOSED
CITATION NO. ASSESSMENT SETTLEMENT

4040311 $ 267 $ 213 4040312 267 213

TOTAL $ 534 $ 426

I have considered the representations and documentation submitted 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 $426 within 30 days of this order.

Roy J. Maurer
Administrative Law Judge

Page 2
---

Distribution:

MaryBeth Bernui, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215

H. Kent Hendrickson, Esq., Rice & Hendrickson, P. O. Box 980, Harlan, KY 40831

dcp

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