Secretary of Labor v. Youghiogheny & Ohio Coal Co. (ALJ decision, February 12, 1986)

Plain-English summary

A civil penalty case involving Youghiogheny & Ohio Coal Company's Nelms No. 2 Mine reached settlement at a hearing. The parties proposed reducing the assessed penalty from $240 to $160. Judge Roy J. Maurer reviewed their submissions under the Mine Act's penalty criteria and approved the agreement. He ordered payment of $160 within 30 days and dismissal of the proceeding upon payment. The decision does not describe the underlying violation or identify a safety standard.

Decision snapshot

• Cited provision: Mine Act section 110(i), 30 U.S.C. § 820(i), governing penalty assessment; the safety standard is not identified.
• Outcome: Settlement approved at $160, reduced from $240; dismissal upon payment.
• Key point: The judge found the agreed penalty appropriate under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. YOUGHIOGHENY & OHIO COAL
DDATE:
19860212
TTEXT:
~244

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 86-11
PETITIONER
A.O. No. 33-00968-03620

v. Nelms No. 2 Mine

YOUGHIOGHENY & OHIO COAL CO.
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Patrick M. Zohn, Esq., Office of the Solicitor, Cleveland, Ohio, for the Petitioner Robert Kota, Esq., Youghiogheny and Ohio Coal Company, for the Respondent

Before: Judge Maurer

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). A hearing in this matter was convened in Wheeling, West Virginia on January 8, 1986. At that time, the parties advised me of a proposed settlement disposition of the dispute and jointly moved for approval of a settlement agreement and dismissal of the case. The violation in this case was originally assessed at $240 and the parties propose to reduce the penalty to $160. 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 a settlement is GRANTED and it is ORDERED that Respondent pay a penalty of $160 within 30 days of this decision. Upon payment, these proceedings are DISMISSED.

Roy J. Maurer
Administrative Law Judge