Ezel / Agency Decisions / LAKE 81-59

Secretary of Labor (MSHA) v. Monterey Coal Company (ALJ decision, October 6, 1983)

Secretary of Labor (MSHA) v. Monterey Coal Company (FMSHRC LAKE 81-59): Penalty set at $50 after remand

Decision type
ALJ decision
Dockets
LAKE 81-59, LAKE 80-413-R
Decided
October 6, 1983
Presiding judge
Charles C. Moore, Jr.
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-21
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 administrative law judge decision became a final decision of the Commission because no Commissioner directed 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 already affirmed a citation against Monterey Coal Company and remanded the case for a penalty assessment. The parties stipulated to the factors used to set a penalty, including mine size, violation history, negligence, good faith, and gravity. Judge Charles C. Moore, Jr. noted that MSHA's assessment office had assessed $100 without assigning any points for gravity. He set the penalty at $50 and ordered Monterey to pay within 30 days. This order did not revisit the citation or identify the cited safety standard.

Decision snapshot

  • Cited standard: Not specified in this penalty order.
  • Outcome: $50 penalty assessed after remand, below the $100 administrative assessment.
  • Key point: The judge fixed the penalty after the Commission had affirmed the citation.

Full text (FMSHRC public release)

CCASE:
MONTEREY COAL V. SOL (MSHA)
DDATE:
19831006
TTEXT:
~1750

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

MONTEREY COAL COMPANY,
Contest of Citation
CONTESTANT
Docket No: LAKE 80-413-R
v. Citation No. 775259 9/11/80

SECRETARY OF LABOR,
Monterey No. 1 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No: LAKE 81-59
PETITIONER
A/O No: 11-00726-03060

v. No. 1 Mine

MONTEREY COAL COMPANY,
RESPONDENT

DECISION

Before: Judge Moore

The above cases have been remanded to me for the purpose of assessing a penalty. Inasmuch as the Commission has already affirmed the citation, only Docket No: LAKE 81-59 is actually before me.

The parties have stipulated as to Monterey's size, history of violation, negligence, good faith and gravity. As to gravity, it is interesting to note that despite the government appellate counsel's representations to the Commission as to the safety concerns of MSHA, the assessment office assessed only $100 with no points for gravity. In my opinion a penalty of $50 is appropriate.

Monterey is accordingly ORDERED to pay MSHA, within 30 days, a civil penalty in the amount of $50.

Charles C. Moore, Jr.
Administrative Law Judge

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