Zeigler Coal Company (ALJ decision, January 17, 1992)

Plain-English summary

Zeigler Coal Company faced a civil penalty proceeding involving its Murdock Mine. After a hearing on another matter, the Secretary of Labor moved to approve a settlement and dismiss the case, reducing the proposed penalty from $500 to $100. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria and ordered Zeigler to pay $100 within 30 days. The order did not decide any contested violation on the merits.

Decision snapshot

• Cited provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved, the penalty was reduced from $500 to $100, and payment was ordered within 30 days.
• Key point: The ALJ approved the negotiated penalty reduction after considering the parties' representations and supporting documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. ZEIGLER
DDATE:
19920117
TTEXT:

Page 2

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 92-15
PETITIONER
A. C. No. 11-00586-03659
v.
Murdock Mine
ZEIGLER COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Rafael Alvarez, Esq., U.S. Department of Labor, Office of the Solicitor, Chicago, Illinois, for Petitioner;
Gregory S. Keltner, Esq., Zeigler Coal Company, Fairview Heights, Illinois, for Respondent.

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). On December 16, 1991, subsequent to a hearing on the merits concerning another matter, Petitioner made a motion, on the record, to approve a settlement agreement and to dismiss the case. A reduction in penalty from $500 to $100 is proposed. 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 settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $100 within 30 days of this order.

Avram Weisberger
Administrative Law Judge