Ezel / Agency Decisions / PENN 90-49

Hickory Coal Company (ALJ decision, September 23, 1991)

Hickory Coal Company (FMSHRC PENN 90-49): Final order sets $600 penalty in three installments

Decision type
ALJ decision
Docket
PENN 90-49
Decided
September 23, 1991
Presiding judge
William Fauver
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
30 U.S.C. § 801 et seq. 30 U.S.C. § 813(a) 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 1991 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 1991
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 binding on the Commission in other cases. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

A prior decision found that Hickory Coal violated section 103(a) of the Mine Act, and the case remained open for civil-penalty assessment. Judge William Fauver noted that the Department of Justice had obtained a default judgment for unpaid penalties and that the company was discussing a payment schedule. He set a $600 civil penalty for the violation, payable in three monthly installments of $200, with the full remaining balance due immediately if an installment was missed.

Decision snapshot

  • Cited standard(s): The order identifies a Mine Act violation under 30 U.S.C. § 813(a) but does not state the underlying safety standard.
  • Outcome: A $600 civil penalty was ordered in three monthly installments.
  • Key point: The final order set a payment schedule for an existing civil-penalty obligation and accelerated the balance upon default.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. HICKORY COAL
DDATE:
19910923
TTEXT:

Page 2

~1521
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 90-49
PETITIONER A. C. No. 36-07783-03516 v.
Slope No. 1 Mine
HICKORY COAL COMPANY,
RESPONDENT

FINAL ORDER

Before: Judge Fauver

My decision of July 2, 1991, found that Respondent violated 103(a) of the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq. This matter has been pending assessment of a civil penalty for the violation.

The record indicates that the Department of Justice has obtained a default judgment against Respondent for the arrearages of unpaid civil penalties referred to in my decision. It appears that Respondent is now exploring with the Justice Department the possibility of a schedule of payments to satisfy the judgment.

Considering the facts of the violation found in this case, Respondent's financial condition, and all the criteria for a civil penalty in 110(i) of the Act, I find that a civil penalty of $600 is appropriate for the violation found in this case.

WHEREFORE IT IS ORDERED that Respondent shall pay a civil penalty of $600, in three monthly installments of $200 on November 1, 1991, December 1, 1991, and January 1, 1992; provided: if any installment of $200 is not paid when due, the entire remainder of the civil penalty shall become due immediately.

William Fauver
Administrative Law Judge

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