Secretary of Labor v. Penn Coal Company, Inc. (ALJ decision, January 9, 1985)

Plain-English summary

Penn Coal Company told Judge Joseph B. Kennedy that it would not challenge his October 26, 1984 tentative decision in a civil penalty case. The judge adopted that tentative decision as his final ruling. He ordered Penn Coal to pay the $150 penalty found warranted by February 1, 1985, and directed dismissal after payment. This short final decision does not describe the underlying violation or identify a safety standard. It also does not reproduce the tentative decision's reasoning.

Decision snapshot

• Cited standards: None identified in this final decision.
• Outcome: Tentative decision adopted; $150 civil penalty made payable; case to be dismissed after payment.
• Key point: The operator waived a challenge to the tentative ruling, allowing the judge to make it final.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PENN COAL
DDATE:
19850109
TTEXT:
~49
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 84-146
PETITIONER
A.C. No. 36-04187-03501
v.
Penn Coal Co., Inc., Mine
PENN COAL COMPANY, INC.,
RESPONDENT

FINAL DECISION

Appearances: Janine C. Gismondi, Esq., Office of the Solicitor, U.S. Department of Labor,
Philadelphia, Pennsylvania, for Petitioner;
Ronald Thompson, President, Penn Coal Co., Inc., Philipsburg, Pennsylvania, for
Respondent.

Before: Judge Kennedy

The operator having advised that it waives its right to challenge the tentative decision in this matter entered October 26, 1984, it is ORDERED:

1. That the tentative decision be, and hereby is, ADOPTED and CONFIRMED as the trial judge's final disposition of this matter.

2. That the operator pay the penalty found warranted, $150, on or before Friday, February 1, 1985, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge