Ambrosia Coal & Construction Company

Plain-English summary

The Commission remanded two Ambrosia Coal cases to Judge William Fauver for reassessment of civil penalties. The judge ordered the Secretary to propose revised penalties and explain them consistently with the Commission's decision and the Commission's penalty precedent. Ambrosia and the other respondent were given time to reply and recommend counter-proposals. The order addressed procedure only and did not itself set a penalty.

Decision snapshot

• Governing authority: 30 U.S.C. § 801
• Outcome: The cases were remanded for the Secretary to propose reassessed penalties, followed by responses from the respondents.
• Key point: A remand order requiring penalty reassessment sets the process and briefing schedule but does not itself determine the revised penalty.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                       2 SKYLINE, 10th FLOOR
                        5203 LEESBURG PIKE
                   FALLS CHURCH, VIRGINIA 22041



                    September 20, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 93-233
Petitioner : A.C. No. 36-04109-03520
v. :
: Ambrosia Tipple
AMBROSIA COAL & :
CONSTRUCTION COMPANY, :
:

SECRETARY OF LABOR : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 94-15
Petitioner : A.C. No. 36-04109-03522 A
v. :
: Ambrosia Tipple
AMBROSIA COAL & :
CONSTRUCTION COMPANY :

                        ORDER ON REMAND

Before: Judge Fauver

 On September 12, 1996 the Commission remanded these cases to

the judge for reassessment of civil penalties.

 The Secretary shall have 15 days from the date of this Order

to propose the amounts of reassessed civil penalties against
Ambrosia and Steen with the reasons therefor consistent with the
Commission’s decision in this case and in Sellersburg Stone Co.,
5 FMSHRC 287, 293-3 (1983). Each Respondent shall have 10 days
to reply to the Secretary’s proposed penalties and to recommend
counter-proposals with the reasons therefor consistent with the
above decisions.

                                   William Fauver
                                   Administrative Law Judge

Distribution:

Jerold S. Feingold, Esq., Office of the Solicitor, U.S.

Department of Labor, 4015 Wilson Boulevard, Room 400, Arlington,
VA 22203 (Certified Mail)

William P. Getty, Esq., Hugh F. McGough, Esq., Meyer, UnKovic &
Scott, 1300 Oliver Bldg., Pittsburgh, PA 15222 (Certified Mail)

Frank G. Verterano & Manolis, 2622 Wilmington Road, New Castle,
PA 16105 (Certified Mail)

nt

                            2