Tito Coal

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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