Ezel / Agency Decisions / LAKE 80-216

Secretary of Labor (MSHA) v. Southwestern Illinois Coal Corporation (ALJ decision, December 19, 1983)

Secretary of Labor (MSHA) v. Southwestern Illinois Coal Corporation (FMSHRC LAKE 80-216): $78 penalty set after Commission remand

Decision type
ALJ decision
Docket
LAKE 80-216
Decided
December 19, 1983
Presiding judge
George A. Koutras
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Cited standards
30 C.F.R. § 77.1710(g)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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 under the Mine Act's 40-day rule
This supplemental administrative law judge order followed a Commission remand and became final because no Commissioner directed later review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

The Commission had reversed an earlier ALJ ruling that vacated Citation No. 777767 against Southwestern Illinois Coal Corporation and sent the case back to set a penalty. The parties agreed to a $78 assessment for the violation of 30 C.F.R. § 77.1710(g). Judge George A. Koutras considered the record and the Mine Act's penalty criteria, imposed the $78 penalty, and ordered payment within 30 days. The case was to be dismissed upon payment.

Decision snapshot

  • Cited standard: 30 C.F.R. § 77.1710(g).
  • Outcome: $78 civil penalty assessed for the citation reinstated by the Commission; dismissal ordered upon payment.
  • Key point: The ALJ set the penalty left open by the Commission's earlier merits decision.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SOUTHWESTERN ILLINOIS COAL DDATE: 19831219 TTEXT:
~2173

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 80-216
PETITIONER
A.C. No. 11-00609-03016

v. Captain Strip Mine

SOUTHWESTERN ILLINOIS COAL
CORPORATION,
RESPONDENT

ORDER

Before: Judge Koutras

On October 31, 1983, the Commission issued its decision on the appeal filed in this matter and remanded the case to me for the determination of an appropriate civil penalty for Citation No. 777767, issued on November 30 CFR 77.1710(g). The Commission reversed my decision vacating this citation, reinstated and affirmed the violation, and remanded the case for an assessment of civil penalty.

By agreement of the parties, and after consideration of the record in this case, including the statutory criteria found in Section 110(i) of the Act, a civil penalty assessment of $78 is imposed for the violation in question, and the respondent IS ORDERED to pay this amount within thirty (30) days of the date of this Order. Upon receipt of payment by the petitioner, this case is dismissed.

George A. Koutras
Administrative Law Judge

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