Ezel / Agency Decisions / SE 85-40

J & C Coal Corporation, also known as J C Corporation (ALJ decision, July 16, 1986)

J & C Coal Corporation (FMSHRC SE 85-40 and SE 85-46): Penalty total corrected to $3,121

Decision type
ALJ decision
Dockets
SE 85-40, SE 85-46
Decided
July 16, 1986
Presiding judge
William Fauver
Outcome
Modified
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 1986 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 1986
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. 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 asked Judge William Fauver to correct an oversight in a May 1986 decision involving J & C Coal Corporation. The judge granted the motion and added Citation No. 2475963 with a $79 civil penalty to the earlier order. That change raised the total civil penalties from $3,042 to $3,121. He also replaced six $507 monthly payments with five payments of $520 and a final $521 payment due November 1, 1986. This order corrects the penalty and payment schedule; it does not explain the underlying safety citations.

Decision snapshot

  • Cited standards: No specific safety standard is identified in this correction order.
  • Outcome: Earlier decision modified to include a $79 penalty and a $3,121 total, with a revised installment schedule.
  • Key point: The added citation changed both the total penalty and the monthly payment amounts.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. J & C COAL CORPORATION
DDATE:
19860716
TTEXT:
~

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 85-40
PETITIONER
A.C. No. 40-02268-03527

v. Docket No. SE 85-46
A.C. No. 40-02268-03528
J & C COAL CORPORATION, A/K/A
J C CORPORATION,
Pee Wee No. 1
RESPONDENT
Campbell County, TN

ORDER MODIFYING DECISION
TO CORRECT OVERSIGHT

FOR GOOD CAUSE SHOWN, the Secretary's Motion for Modification of Decision and Order is GRANTED.

WHEREFORE IT IS ORDERED that the Decision and Order dated May 7, 1986, are MODIFIED to add "Citation No. 2475963" with a Civil Penalty of "$79" to the columnized items at page 5; to change the total amount of civil penalties from "$3,042" to "$3,121" in both places where a total appears at page 5; and to change six monthly payments of $507 each to the following: "five monthly payments of $520 each beginning June 1, 1986, and becoming due on the first day of each successive month and a final payment of $521 due on November 1, 1986."

William Fauver
Administrative Law Judge

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