Ezel / Agency Decisions / PENN 92-325

Roxcoal, Incorporated (ALJ decision, September 14, 1992)

Roxcoal, Incorporated (FMSHRC PENN 92-325): Settlement penalty amended

Decision type
ALJ decision
Docket
PENN 92-325
Decided
September 14, 1992
Presiding judge
William Fauver
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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.

Currency note: this decision dates from 1992
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 approving an amended settlement, 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

Roxcoal, Incorporated asked to amend a settlement decision because of a clerical error. Judge William Fauver granted the motion and amended the September 3, 1992 decision approving settlement. The approved penalty was changed from $126 to $64.

Decision snapshot

  • Cited standards: None stated in this amended settlement decision.
  • Outcome: The approved settlement penalty was modified from $126 to $64.
  • Key point: An Administrative Law Judge may correct a clerical error in a settlement decision and amend the approved penalty.

Full text (FMSHRC public release)

CCASE:
ROXCOAL INC. V. SOL (MSHA)
DDATE:
19920914
TTEXT:

Page 2

~

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 92-325
PETITIONER
A. C. No. 36-08214-03504 v.

ROXCOAL, INCORPORATED,
RESPONDENT

AMENDED DECISION APPROVING SETTLEMENT

Before: Judge Fauver

The Company's Motion to Amend Decision dated Sept. 9, 1992, due to clerical error is GRANTED.

Accordingly, the Decision Approving Settlement dated Sept.
3, 1992, is AMENDED to change the approved penalties from $126 to
$64.

William Fauver
Administrative Law Judge

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