Ezel / Agency Decisions / KENT 95-500

Larc Coal, Inc. (ALJ decision, October 13, 1995)

Larc Coal, Inc. (FMSHRC KENT 95-500): Settlement approved and penalty reduced to $7,500

Decision type
ALJ decision
Docket
KENT 95-500
Decided
October 13, 1995
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 815 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

Larc Coal operated Hatchett Mill. The Secretary of Labor petitioned for assessment of a civil penalty, and the parties proposed reducing the penalty from $12,500 to $7,500. Judge Gary Melick found the settlement acceptable under the criteria in section 110(i) of the Mine Act. He approved the settlement and ordered Larc Coal to pay $7,500 within 30 days.

Decision snapshot

  • Governing provisions: 30 U.S.C. §§ 815 and 820(i)
  • Outcome: Settlement approved and civil penalty reduced from $12,500 to $7,500.
  • Key point: The ALJ approved the proposed settlement after considering the parties' representations and documentation under section 110(i) of the Mine Act.

Full text (FMSHRC public release)


[DOCID: f:k95-500.wais]

.
LARC COAL, INC.
October 13, 1995
KENT 95-500

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, SUITE 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

October 13, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 95-500 Petitioner : A.C. No. 15-17475-03519 :
v. : Hatchett Mill
LARC COAL, INC.,
:
Respondent :

DECISION

Appearances: Thomas Grooms, Esq, Office of the Solicitor, U.S.
Department of Labor, Nashville, Tennessee for Petitioner; W. L. Cook, Vice President, Larc Coal, Inc., Madison, West Virginia for Respondent.

Before: Judge Melick

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). At hearings Petitioner filed a motion to approve a settlement agreement. A reduction in penalty from $12,500 to $7,500 was proposed. I have considered the representations and documentation submitted in this case, including those representatives made at hearing, and I conclude that the proffered settlement is acceptable 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 $7,500 within 30 days of this order.

Gary Melick
Administrative Law Judge

Distribution: Thomas Grooms, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215

J. L. Cook, Vice President, Larc Coal, Inc., 221 Riverside Drive, Madison, WV 24130

/jf

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