Old Ben Coal Company (ALJ decision, July 25, 1991)

Plain-English summary

Old Ben Coal was the respondent in a civil penalty proceeding involving Mine 26. The parties proposed a partial settlement that reduced a penalty from $440 to $180. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered Old Ben Coal to pay $180 within 30 days.

Decision snapshot

• Cited standards: None stated in the decision. The order cites 30 U.S.C. §§ 815(d) and 820(i).
• Outcome: The partial settlement was approved, and the penalty was reduced from $440 to $180.
• Key point: The judge approved a reduced penalty after reviewing the parties' settlement materials under the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. OLD BEN COAL
DDATE:
19910725
TTEXT:

Page 2

~1177

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 91-59
PETITIONER
A.C. No. 11-00590-03815
v.
Mine 26
OLD BEN COAL COMPANY,
RESPONDENT

ORDER APPROVING PARTIAL SETTLEMENT

Before: Judge Weisberger

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). Petitioner has filed a motion to approve a partial settlement agreement. A reduction in penalty from $440 to $180 is proposed. On June 25, 1991, a hearing was held on this Motion.

I have considered the representatives 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 partial settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $180 within 30 days of this order.

Avram Weisberger
Administrative Law Judge