R & N Coal Company (ALJ decision, June 5, 1992)

Plain-English summary

R & N Coal Company asked to settle two civil penalty proceedings because it had no employees and its only income was $3,250 per month in rental income. The Secretary proposed a 90 percent reduction for each violation and payment in six monthly installments. Judge Roy J. Maurer found the settlement consistent with the statutory penalty criteria, approved it, and ordered a total payment of $4,350. The cases were to be dismissed after the full amount was paid.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved for $4,350 payable in six installments, with dismissal after payment in full.
• Key point: The judge approved a sharply reduced penalty and installment plan based on the operator's documented financial condition.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. R & N COAL
DDATE:
19920605
TTEXT:

Page 2

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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 PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 91-1320
PETITIONER
A. C. No. 36-02105-03521
v.
R & N COAL COMPANY,
Docket No. PENN 92-140
RESPONDENT
A. C. No. 36-02105-03523

Split Vein Breaker Mine

DECISION APPROVING SETTLEMENT

Before: Judge Maurer

These cases are before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. Petitioner has filed a motion to approve a negotiated settlement between the parties and to dismiss these cases. In light of the respondent's dire financial situation, the Secretary has proposed a 90 percent reduction in penalty with respect to each violation and further proposed that payment of the penalties be made in 6 monthly installments.

R & N Coal Company at this point has no employees with its only source of income being rental income of $3250 per month.

I have considered the Secretary's representations and the financial data submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement IS GRANTED and respondent shall pay a total penalty of $4350. The first payment of $725 is due within 90 days of this order and five additional payments of $725 are to be made no more that 30 days from the previous one until payment is made in full. Upon payment in full, these cases ARE DISMISSED.

Roy J. Maurer
Administrative Law Judge