Ezel / Agency Decisions / lake-91-59-alj
FMSHRC ALJ decision Docket LAKE 91-59 Decided July 25, 1991 Settled Judge Avram Weisberger Transcribed from scan

Old Ben Coal Company

Old Ben Coal Company (FMSHRC LAKE 91-59): Partial settlement reduces penalty to $180

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This order from 1991 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 1991
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

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

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