Ky Harlan Coal Co., Inc. (ALJ decision, March 7, 1995)

Plain-English summary

Ky Harlan Coal Co., Inc. was the respondent in a civil penalty proceeding involving its Prep Plant and Loading operation. After a hearing, the parties jointly moved to approve a settlement. Judge William Fauver found the settlement consistent with the purposes of section 110(i) of the Mine Act and approved a $4,000 civil penalty. The penalty was payable in six monthly installments, with the remaining balance becoming due immediately, plus interest, if a payment was missed.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, and a $4,000 penalty was ordered payable in six monthly installments.
• Key point: The ALJ approved the negotiated penalty after finding it consistent with the Mine Act's statutory purposes.

Full text (FMSHRC public release)

[DOCID: f:k94-456.wais]

KY HARLAN COAL CO., INC.
March 7, 1995
KENT 94-456

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 7, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 94-456 Petitioner, : A.C. No. 15-13331-03537
v. :
: Prep Plant & Loading
KY HARLAN COAL CO., INC., :
Respondent :

DECISION

Appearances: Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department of Labor,
Arlington, Virginia, for Petitioner;
Rodney E. Buttermore, Jr., Esq., Buttermore, Turner & Boggs, Harlan, Kentucky, for
Respondent.

Before: Judge Fauver

This is a civil penalty case under § 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § et seq.

The case came on for hearing in Kingsport, Tennessee on February 7, 1995.

The parties presented an oral motion to approve a settlement agreement. Considering the presentations of counsel and the documents submitted, I conclude that the settlement is consistent with the purposes of § 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that:

1. The motion to approve the settlement agreement is GRANTED.

2. Respondent shall pay the approved civil penalty of $4,000 in six monthly payments as follows:

April 1, 1995 $ 670
May 1, 1995 $ 666
June 1, 1995 $ 666
July 1, 1995 $ 666
August 1, 1995 $ 666
September 1, 1995 $ 666

Provided: If Respondent fails to make any monthly payment when due, the total remaining balance will become due immediately and interest thereon shall accrue from such date until the full amount is paid. The rate of interest shall be the rate published by the Executive Secretary of the Commission.

William Fauver
Administrative Law Judge

Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Suite 516, Arlington, VA 22203 (Certified Mail)

Rodney E. Buttermore, Jr., Esq., Buttermore, Turner & Boggs, P.O. Box 935, Harlan, KY 40831-0935 (Certified Mail)

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