Ezel / Agency Decisions / SE 84-67

Secretary of Labor v. Jim Walter Resources, Inc. (ALJ decision, June 13, 1985)

Secretary of Labor v. Jim Walter Resources, Inc. (FMSHRC SE 84-67): $100 penalty confirmed

Decision type
ALJ decision
Docket
SE 84-67
Decided
June 13, 1985
Presiding judge
Joseph B. Kennedy
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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.

Currency note: this decision dates from 1985
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision 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 for this docket. 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

The Secretary of Labor sought a civil penalty against Jim Walter Resources for its No. 4 Mine. Neither party showed cause why Judge Joseph B. Kennedy's tentative decision should not be confirmed. The judge adopted that decision as the final disposition and ordered the operator to pay the assessed $100 penalty by June 21, 1985. The case would be dismissed subject to payment. This short order does not identify the cited safety standard or give the reasons for the tentative decision.

Decision snapshot

  • Cited standard: Not identified in this order.
  • Outcome: The $100 penalty was confirmed, with dismissal subject to payment.
  • Key point: With no response to the show-cause order, the judge made the tentative decision final.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. JIM WALTER RESOURCES
DDATE:
19850613
TTEXT:
~890
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 84-67
PETITIONER
A.C. No. 01-01247-03586
v.
Mine No. 4
JIM WALTER RESOURCES, INC.,
RESPONDENT

DECISION

Before: Judge Kennedy

The parties having failed to show cause why the tentative decision of May 8, 1985 should not be confirmed, it is ORDERED that said decision be, and hereby is, ADOPTED and CONFIRMED as the final disposition of this matter. It is FURTHER ORDERED that the operator pay the penalty assessed, $100, on or before Friday, June 21, 1985, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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