Ezel / Agency Decisions / LAKE 87-84-M

Con-Ag, Incorporated (ALJ decision, August 31, 1987)

Con-Ag, Incorporated (FMSHRC LAKE 87-84-M, LAKE 87-15-M, and LAKE 87-51-M): Penalty proceedings consolidated and dismissed after payment agreement

Decision type
ALJ decision
Dockets
LAKE 87-84-M, LAKE 87-15-M, LAKE 87-51-M
Decided
August 31, 1987
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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

Con-Ag, Incorporated, Robert E. Hirschfield, and Lee Kuck were respondents in three civil penalty proceedings. Judge Avram Weisberger granted the unopposed motion to consolidate the cases in the interest of justice. The parties then moved to terminate the proceedings after agreeing that all respondents would pay the proposed civil penalties in full. The judge dismissed all three cases.

Decision snapshot

  • Cited standard(s): None stated in the release.
  • Outcome: Three civil penalty proceedings were consolidated and dismissed after the respondents agreed to pay the proposed penalties.
  • Key point: An unopposed consolidation and full payment agreement resolved the related penalty proceedings.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CON-AG
DDATE:
19870831
TTEXT:

Page 2

~1532

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 87-15-M
PETITIONER
A.C. No. 33-03825-05502
v.
Con-Ag Crushing Plant
CON-AG, INCORPORATED,
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 87-51-M
PETITIONER
v. A.C. No. 33-03825-05503 A

ROBERT E. HIRSCHFIELD,
Con-Ag, Inc.
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 87-84-M
PETITIONER
A.C. No. 33-03825-05504 A
v.
Con-Ag, Inc.

LEE KUCK,
RESPONDENT

ORDER OF CONSOLIDATION
AND
ORDER OF DISMISSAL

In the interest of justice, the unopposed Motion of Respondent to consolidate the above cases is GRANTED. It is accordingly ORDERED that the above cases be CONSOLIDATED.

On August 26, 1987, Counsel for both Parties filed a Motion for the "termination of the above captioned proceedings." Their memorandum submitted along with the Motion indicates that all Respondents have agreed to pay in full the proposed civil penalties.

Accordingly, and in the interest of justice, the above cases are DISMISSED.

Avram Weisberger
Administrative Law Judge

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