Keystone Coal Mining Corp. v. Secretary of Labor (MSHA) (ALJ decision, October 16, 1985)

Plain-English summary

After issuing a tentative decision and receiving both parties' briefs, Judge James A. Broderick made the tentative ruling his final decision in Keystone Coal Mining Corp.'s contest and penalty proceedings. He ordered Keystone to pay $1,100 for the violations charged in two citations within 30 days. The release says the tentative decision is attached, but the PDF supplied with this final decision contains only this order and its footnote. The cited standards and the reasons for the underlying violations are therefore not stated in this release.

Decision snapshot

• Cited standards: None identified in this final order's PDF.
• Outcome: Tentative decision adopted as final; $1,100 in penalties assessed for two citations.
• Key point: The judge considered the parties' posthearing briefs before making the tentative decision final.

Full text (FMSHRC public release)

CCASE:
KEYSTONE COAL v. SOL (MSHA)
SOL (MSHA) v. KEYSTONE COAL
DDATE:
19851016
TTEXT:
~1659

KEYSTONE COAL MINING CORP.
CONTEST PROCEEDING
Contestant
Docket No. PENN 84-193-R
v. Citation No. 9951311;
6/20/84
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Urling No. 3 Mine
ADMINISTRATION (MSHA),
Respondent

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 85-29
Petitioner
A.C. No. 36-05658-03541

v. Urling No. 3 Mine

KEYSTONE COAL MINING CORP.,
Respondent

DECISION

Appearances: James B. Crawford, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia for the Secretary of Labor; William M. Darr, Esq., Indiana, Pennsylvania, for Keystone Coal Mining Corp.

Before: Judge Broderick

On July 9, 1985, I issued a Tentative Decision in this case and gave the parties the opportunity to file objections or arguments before (FOOTNOTE.1) issued a Final Decision.1 After ~1660 an extension of time, both parties have filed post hearing briefs. I have considered again the entire record in this case and the contentions of the parties, and conclude that the Tentative Decision of July 9, 1985 should issue as my Final Decision in this case. The Tentative Decision is attached hereto and made a part of the Final Decision. Keystone is ORDERED to pay within 30 days of the date of this decision the sum of $1100 as penalties for the violations charged in the two citations.

James A. Broderick
Administrative Law Judge

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
FOOTNOTES START HERE:-

~Footnote_one

1 The Secretary "objects" to my issuance of a Tentative Decision in this case and cites "Administrative Procedure Act Rule 8(b)" to show that it was improper. The Tentative Decision was issued in this case to permit the Secretary to fully argue his position before a Final Decision was issued. See Administrative Procedure Act, 5 U.S.C. 557(b) and (c).