Roxcoal Incorporated (ALJ decision, February 16, 1994)

Plain-English summary

Roxcoal Incorporated faced a civil penalty proceeding involving two citations. The approved settlement removed the significant-and-substantial designation from Citation No. 3706730 and reduced its penalty from $169 to $50. Roxcoal also agreed to pay the proposed $189 penalty for Citation No. 3706729. The ALJ approved the settlement and ordered $239 total to be paid within 30 days.

Decision snapshot

• Cited provision: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved, one citation was modified, and $239 total was assessed.
• Key point: The settlement reduced one penalty and removed its significant-and-substantial designation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ROXCOAL
DDATE:
19940216
TTEXT:

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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 PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 93-225 Petitioner : A. C. No. 36-07045-03598
v. :
: Barbara No. 1
ROXCOAL INCORPORATED,
:
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Hodgdon

This case is before me on a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(d). A hearing was scheduled for January 14, 1994, in Somerset, Pennsylvania. However, since the parties advised me that the case had been settled, the hearing was held on January 13, in Somerset.

The agreed on settlement provides that Citation No. 3706730 will be modified to delete the "significant and substantial" designation and the penalty will be reduced from $169.00 to $50.00, and that the Respondent will pay the proposed penalty of $189.00 for Citation No. 3706729 (Tr. 5-6). Having considered the representations submitted, I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act, 30 U.S.C. 820(i).

Accordingly, the settlement is APPROVED, Citation No. 3706730 is MODIFIED as indicated above and it is ORDERED that Respondent pay a penalty of $239.00 within 30 days of this order. On receipt of payment, this case is DISMISSED.

T. Todd Hodgdon
Administrative Law Judge
(703) 756-4570

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Distribution:

Pamela W. McKee, Esq., Office of the Solicitor, U.S. Department of Labor, 3535 Market Street, Gateway Building, Rm 14480, Philadelphia, PA 19104 (Certified Mail)

Joseph A. Yuhas, Esq., 1809 Chestnut Avenue, Barnesboro, PA 15714 (Certified Mail)

John Kosic, Miner Representative, R.D. #1, Box 99, Glenco, PA 15543 (Certified Mail)

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