Ezel / Agency Decisions / KENT 95-1

Deby Coal Company, Inc. (ALJ decision, July 25, 1995)

Deby Coal Company, Inc. (FMSHRC KENT 95-1 and KENT 95-2): Settlement approved and cases dismissed

Decision type
ALJ decision
Dockets
KENT 95-1, KENT 95-2
Decided
July 25, 1995
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
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.

Currency note: this decision dates from 1995
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

Deby Coal Company faced two civil penalty proceedings involving section 104(b) orders and section 104(a) citations at its preparation plant. Judge Avram Weisberger reviewed the parties' settlement motion and found it appropriate under the Mine Act's penalty criteria. He approved the settlement, vacated the section 104(b) orders, assessed no penalty for the section 104(a) citations, and dismissed both cases.

Decision snapshot

  • Governing provision: 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, the section 104(b) orders were vacated, no penalty was assessed for the section 104(a) citations, and both cases were dismissed.
  • Key point: The ALJ approved a settlement that resolved the proceedings without a civil penalty.

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

July 25, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. KENT 95-1
Petitioner : A. C. No. 15-04455-03529
v. :
: Docket No. KENT 95-2
DEBY COAL COMPANY, INC., : A. C. No. 15-04455-03530
Respondent
:
: Prep Plant

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

These cases are before me upon a petition for assessment of civil penalties under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion for settlement asserting that the subject 104(b) orders should be vacated, and that no penalty should be assessed for the subject 104(a) citations. 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 these cases be DISMISSED.

Avram Weisberger
Administrative Law Judge

Page 2

Distribution:

Susan E. Foster, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Jack McGhee, President, Deby Coal Company, Inc., P. O. Box 986, London, KY 40743

dcp

2

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace