Vesta Mining Company (ALJ decision, July 24, 1984)

Plain-English summary

Vesta Mining Company contested three orders at its Vesta Mine, involving roof control, sanding devices, and shelter holes. The parties agreed to settle the sanding and shelter hole charges for their initial assessments of $750 and $130. After the Secretary presented the roof control case at a hearing, Vesta moved to dismiss it for lack of a prima facie case, and the Secretary did not oppose the motion. The judge vacated the roof control order, dismissed its proposed penalty, approved the two settlements, and directed Vesta to pay $880. The decision does not cite a specific safety standard for any of the three charges.

Decision snapshot

• Cited standard: No specific regulatory section is identified.
• Outcome: Roof control order vacated with no penalty; sanding and shelter hole charges settled for $750 and $130, totaling $880.
• Key point: The roof control charge ended when the Secretary did not oppose dismissal after presenting its case.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
JUL 24 1984

VESTA MINING COMPANY,
CONTEST PROCEEDINGS
Contestant
v. Docket No. PENN 83-212-R
Order No. 2104660; 6/16/83
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Docket No. PENN 83-225-R
ADMINISTRATION (MSHA),
Order No. 2105163-02; 7/25/83
Respondent
Vesta Mine

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 83-230
Petitioner
A.C. No. 36-00962-03552
v.
Vesta Mine
VESTA MINING COMPANY,
Respondent

DECISION

Appearances: Barbara L. Krause, Esq., Smith, Heenan, Althen and Zanolli, Washington, D.C., for Contestant/Respondent;
James Crawford, Esq., Office of the Solicitor, U.S. Department of Labor, for Respondent/ Petitioner.

B e f o r e : Judge Kennedy

The captioned review-penalty proceedings are before me on the parties' motion to approve settlement of two of the three violations charged and to vacate the 104(d)(2) Order involving an alleged roof control violation.

The matters were first considered at a prehearing/settlement conference that resulted in an agreement to settle the sanding devices (Order No. 2105135) and the shelter holes (Order No. 2105163) charges at the amounts initially assessed, $750 and $130 respectively.

Thereafter, the roof control violation (Order No. 2104660) came on for an evidentiary hearing in Pittsburgh, Pennsylvania, on March 14, 1984. At the close of the solicitor's case, the operator moved to dismiss for failure to prove a prima facie case. For reasons best appreciated by reading the transcript,

1787 the solicitor did not oppose. Whereupon the trial judge vacated the order and dismissed the proposal for penalty.

The premises considered, therefore, it is ORDERED that (1) the motion to approve settlement be, and hereby is, GRANTED and the contest of the shelter holes order (Docket PENN 83-225-R) DISMISSED, (2) the contest of the roof control order (Docket PENN 83-212-R) is GRANTED, and (3) the order is vacated and the proposal for the penalty thereon are DISMISSED. It is FURTHER ORDERED that the operator pay the amount of the penalty agreed upon, $880, allocated as initially assessed, on or before Friday, August 3, 1984.

Joseph B. Kennedy
Administrative Law Judge

Distribution:

Barbara L. Krause, Esq., Smith, Keenan, Althen & Zanolli, 1110 Vermont Avenue, N.W., Washington, D.C. 20005 (Certified Mail)

James B. Crawford, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, 4015 Wilson Blvd., Arlington, VA 22203 (Certified Mail)

/ejp

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