Ezel / Agency Decisions / PENN 86-273

Perry Drilling Company (ALJ decision, July 8, 1987)

Perry Drilling Company (FMSHRC PENN 86-273): Penalty proceeding dismissed after payment

Decision type
ALJ decision
Docket
PENN 86-273
Decided
July 8, 1987
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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. 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

Perry Drilling Company was the respondent in a civil penalty proceeding involving the Smith Mine. The operator informed the Commission that the assessed penalty had been paid, and the Secretary confirmed the payment. Judge Paul Merlin dismissed the case.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The civil penalty proceeding was dismissed after the assessed penalty was paid.
  • Key point: Payment of the assessed penalty resolved the proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PERRY DRILLING
DDATE:
19870708
TTEXT:

Page 2

~1220

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 86-273
PETITIONER
A.C. No. 36-06123-03502 BPO

v. Smith Mine

PERRY DRILLING COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Merlin

The Commission has been informed by the operator, and the Secretary confirms, that the penalty assessed in this case has been paid. Accordingly, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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