Secretary of Labor (MSHA) v. Eureka Mining Corporation (ALJ decision, August 1, 1984)

Plain-English summary

MSHA brought a civil penalty case against Eureka Mining Corporation concerning two violations at the Patmore Mine. After an evidentiary hearing, the parties proposed settling both violations for $50. Judge Joseph B. Kennedy independently reviewed the hearing record and found the settlement consistent with the Mine Act. He approved the settlement and dismissed the case. The decision does not identify the standards underlying the two violations.

Decision snapshot

• Cited standards: Not stated in the decision.
• Outcome: Settlement of two violations approved for $50; case dismissed.
• Key point: The judge approved the parties' settlement after independently evaluating the hearing record.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR AUG 1 1984 5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. LAKE 84-68
Petitioner : A.C. No. 12-01818-03507
v. :
: Patmore Mine
EUREKA MINING CORPORATION, :
Respondent
:

DECISION
Appearances: Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois, for Petitioner;
Barbara Reeves, Eureka Mining Corporation, Morgantown, Kentucky, for Respondent.
Before: Judge Kennedy
This matter came on for an evidentiary hearing in Owensboro, Kentucky on Thursday, July 26, 1984. At the conclusion of the hearing the parties conferred and moved for approval of a settlement of the two violations charged in the amount of '$50.
Based on an independent evaluation and de novo review of the circumstances as set forth in the transcript of the hearing, I found the settlement proposed was in accord with the purposes and policy of the Act.
Accordingly, it is ORDERED that the decision approving settlement be, and hereby is, AFFIRMED and the captioned matter DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

Distribution:
Rafael Alvarez, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, 230 South Dearborn St., 8th Fl., Chicago, IL 60604 (Certified Mail) Ms. Barbara Reeves, Eureka Mining Corporation, P.O. Box 277, Morgantown, KY 42261 (Certified Mail)
/ejp
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