Jeddo-Highland Coal Company (ALJ decision, February 12, 1992)
Jeddo-Highland Coal Company (FMSHRC PENN 91-1295): Proceeding dismissed after penalty paid
Apply this to your situation
This order from 1992 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.
Plain-English summary
Jeddo-Highland Coal Company paid the proposed $1,100 penalty in full on January 20, 1992. The Secretary of Labor moved to dismiss the civil penalty proceeding after payment. Judge James A. Broderick granted the motion and dismissed the proceeding.
Decision snapshot
- Cited standards: None stated in the order.
- Outcome: The civil penalty proceeding was dismissed after the proposed $1,100 penalty was paid.
- Key point: Payment of the proposed penalty resolved the proceeding and supported dismissal.
Full text (FMSHRC public release)
CCASE:
SOL (MSHA) v. JEDDO-HIGHLAND
DDATE:
19920212
TTEXT:
Page 2
~329
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 91-1295
PETITIONER
A.C. No. 36-01733-03538D
v.
JEDDO No. 7 Breaker
JEDDO-HIGHLAND COAL COMPANY,
RESPONDENT
ORDER OF DISMISSAL
Before: Judge Broderick
On February 10, 1992, the Secretary of Labor filed a motion to dismiss this proceeding on the ground that Respondent on January 20, 1992, paid the proposed penalty of $1,100 in full.
Premises considered, the motion is GRANTED, and this proceeding is DISMISSED.
James A. Broderick
Administrative Law Judge
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