Ezel / Agency Decisions / PENN 82-91

Secretary of Labor v. Bradford Coal Company, Inc. (ALJ decision, July 30, 1985)

Secretary of Labor v. Bradford Coal Company, Inc. (FMSHRC PENN 82-91): $16 penalty settlement approved

Decision type
ALJ decision
Docket
PENN 82-91
Decided
July 30, 1985
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 for this docket. 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

The Secretary and Bradford Coal Company submitted a settlement in a civil penalty case involving the Cooper No. 2 Preparation Plant. Judge William Fauver reviewed the supporting materials, hearing record, and Mine Act penalty criteria. He approved the agreement and ordered Bradford to pay a $16 penalty within 30 days. The proceeding would be dismissed upon payment. The written decision does not identify the underlying citation or safety standard.

Decision snapshot

  • Cited authority: Mine Act sections 105(d) and 110(i), 30 U.S.C. §§ 815(d) and 820(i); the decision does not identify a safety standard.
  • Outcome: Settlement approved; $16 penalty payable within 30 days, followed by dismissal.
  • Key point: The judge approved the agreed penalty after considering the hearing materials and statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. BRADFORD COAL
DDATE:
19850730
TTEXT:
~1105
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. PENN 82-91
PETITIONER
A.C. No. 36-03247-03021

v. Cooper No. 2 Prep. Plant

BRADFORD COAL COMPANY, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

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, 30 U.S.C. 801, et seq. Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. I have considered the representations and documentation submitted, including the hearing transcript and exhibits, and I conclude that the proffered settlement is appropriate under the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalty in the amount of $16 within 30 days of this Decision. Upon such payment this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

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