Tito Coal (ALJ decision, April 7, 2000)

Tito Coal (FMSHRC PENN 99-265): Settlement approved and penalty reduced to $250

Decision type

ALJ decision

Docket

PENN 99-265

Decided

April 7, 2000

Presiding judge

Avram Weisberger

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-11

Cited standards

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 2000 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 order, not Commission precedent

This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Tito Coal resolved this civil penalty proceeding through a settlement after the hearing. The settlement reduced the proposed penalty from $1,000 to $250. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria. Tito Coal was ordered to pay the $250 penalty in five monthly payments of $50 beginning October 1, 2000.

Decision snapshot

Cited authority: 30 U.S.C. § 820(i)
Outcome: The settlement was approved, reducing the penalty to $250 payable in five $50 installments.
Key point: The judge approved the negotiated penalty after considering the parties' representations, testimony, and admitted exhibits.

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

April 7, 2000

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 99-265 Petitioner : A.C. No. 36-06815-03566
v. :
: Whites Vein Slope
TITO COAL,
:
Respondent :

DECISION

Appearances: Theresa C. Timlin, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania for Respondent;
Gregory S. Showers, pro se, Tito Coal, Williamsburg, Pennsylvania for Respondent.

Before: Judge Weisberger

At the conclusion of the hearing in this case after extensive discussions, the parties entered into a settlement. A reduction in penalty from $1,000.00 to $250.00 is proposed. I have considered the Parties representations, the testimony and exhibits admitted at the hearing, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

It is ORDERED that Respondent pay a civil penalty of $250 in five payments of $50 each, commencing October 1, 2000 and continuing each succeeding month until the entire penalty is paid.

Avram Weisberger
Administrative Law Judge

Distribution:

Theresa C. Timlin, Esq., Office of the Solicitor, U. S. Department of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104

Gregory S. Showers, Operator, Tito Coal, 118 Fairview Lane, Williamstown, PA 17098

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