Dunkard Mining Company (ALJ decision, June 22, 1995)

Dunkard Mining Company (FMSHRC PENN 95-16): Settlement approved

Decision type

ALJ decision

Docket

PENN 95-16

Decided

June 22, 1995

Presiding judge

Roy J. Maurer

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-13

Cited standards

30 U.S.C. § 815(d) 30 U.S.C. § 820(i)

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1995 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.

Final ALJ decision, not Commission precedent

This decision approved a settlement reducing the proposed penalty from $1,949 to $780. It 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

Dunkard Mining Company faced a proposed civil penalty of $1,949. The judge approved the parties' settlement after considering the submitted representations and documentation and finding the settlement appropriate under the Mine Act's penalty criteria. The company was ordered to pay $780 within 30 days.

Decision snapshot

Cited authority: 30 U.S.C. § 820(i)
Outcome: Settlement approved and penalty reduced from $1,949 to $780.
Key point: The judge approved the settlement as appropriate under the statutory penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

June 22, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. PENN 95-16
Petitioner : A. C. No. 36-01301-03685
v. :
: Dunkard Mine
DUNKARD MINING COMPANY,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Maurer

This case is before me upon a petition for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $1949 to $780 is proposed. The citations, initial assessments, and the proposed settlement amounts are as follows:

INITIAL
PROPOSED
CITATION NO. ASSESSMENT SETTLEMENT

9952804 $ 309 $ 124 3672157 168 67 3672159 168 67 3672160 220 88 3672363 267 107 3672364 267 107 3672365 204 82 3672366 168 67 3672367 178 71

TOTAL $ 1949 $ 780

I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that respondent pay a penalty of $780 within 30 days of this order.

Roy J. Maurer
Administrative Law Judge

Distribution:

Linda M. Henry, Esq., Office of the Solicitor, U. S. Department of Labor, 3535 Market Street, Room 14480, Philadelphia, PA 19104

Karl-Hans Rath, General Manager, Dunkard Mining Company, P. O. Box 8, Dilliner, PA 15327

dcp

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