Old Ben Coal Company (ALJ decision, March 22, 1989)

Plain-English summary

The Secretary of Labor sought a civil penalty against Old Ben Coal Company and the operator separately challenged the underlying citation and withdrawal order. The cases involved Mine No. 25 and were consolidated for hearing. After testimony and documentary evidence, the parties proposed a disposition allowing the government to vacate the citation and withdrawal order and dismiss all three cases. Judge William Fauver approved that disposition and ordered the cases dismissed.

Decision snapshot

• Cited provision: 30 U.S.C. § 820(a); no specific safety standard is identified in the decision text.
• Outcome: The citation and withdrawal order could be vacated, and all three proceedings were dismissed.
• Key point: The ALJ approved the parties' proposed disposition after the hearing began.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. OLD BEN COAL
DDATE:
19890322
TTEXT:

~415
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 88-105
PETITIONER
A.C. No. 11-02392-03757

v. Mine No. 25

OLD BEN COAL COMPANY,
RESPONDENT

OLD BEN COAL COMPANY,
CONTEST PROCEEDINGS
RESPONDENT
Docket No. LAKE 88-81-R
v. Order No. 3031512; 3/4/88

SECRETARY OF LABOR,
Docket No. LAKE 88-82-R
MINE SAFETY AND HEALTH
Citation No. 3031513, 3/4/88
ADMINISTRATION (MSHA),
RESPONDENT
Mine No. 25
Mine ID 11-02392

DECISION

Appearances: Miguel J. Carmona, Esq., Office of the Solicitor, U.S. Department of Labor, for the Secretary of Labor;
Bronius K. Taoras, Esq., for Old Ben Coal Company.

Before: Judge Fauver

The Secretary of Labor seeks a civil penalty for an alleged violation of a safety standard, under 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The operator seeks to vacate the underlying citation and withdrawal order.

The cases were consolidated and called for hearing on February 14, 1989, at St. Louis, Missouri. After the government's mine inspector testified and documentary evidence was received, a discussion off the record led to a motion by the parties to approve a disposition of the cases 1) permitting the government to vacate the citation and withdrawal order and 2) dismissing all the cases.

This Decision confirms my bench decision granting the parties' motion, for the reasons stated on the record.

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ORDER

WHEREFORE IT IS ORDERED that the Secretary of Labor may vacate the citation and withdrawal order and based upon such actions, the above three cases are DISMISSED.

William Fauver
Administrative Law Judge