Ezel / Agency Decisions / SE 92-335

Double "B" Mining, Inc. (ALJ decision, April 7, 1993)

Double "B" Mining, Inc. (FMSHRC SE 92-335 and SE 92-336): Settlement approved with $3,382 penalty

Decision type
ALJ decision
Dockets
SE 92-335, SE 92-336
Decided
April 7, 1993
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
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 1993 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 1993
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

Double "B" Mining, Inc. operated Mine No. 32 and faced civil penalty proceedings in two Southeast dockets. The parties jointly requested a settlement, citing the operator's financial difficulty. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria and reduced the proposed total from $5,421 to $3,382. The operator was ordered to pay the settlement within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved and a total civil penalty of $3,382 was ordered.
  • Key point: The judge approved reduced penalties after considering the parties' representations and documentation about the operator's financial condition.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. DOUBLE "B" MINING
DDATE:
19930407
TTEXT:

Page 2

~678

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. SE 92-335
Petitioner
: A. C. No. 40-02666-03580
v. :
: Docket No. SE 92-336
DOUBLE "B" MINING, INC.,
: A. C. No. 40-02666-03581
Respondent
:
: Mine No. 32

DECISION APPROVING SETTLEMENT

Appearances: Thomas A. Grooms, Esq., Office of the Solicitor, U. S. Department of Labor, Nashville, Tennessee, for the Secretary;
LaDue Bouldin, President, Double "B" Mining Company, Inc., Tracy City, Tennessee, for Respondent.

Before: Judge Maurer

These cases are 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). At the hearing, the parties jointly moved to settle these cases based primarily on the financial plight of the respondent on the following basis:

PROPOSED
PROPOSED
CITATION NO. ASSESSMENT SETTLEMENT

        3396049                  $   252              $   126
        3396050                      252                  126
        3396051                      252                  252
        3396052                      147                   70
        3369053                      220                  110
        3396054                      220                  110
        3396055                      136                  136
        3396056                      220                  110
        3396057                      136                   68
        3396060                      136                   68
        3396086                       50                   50
        3396087                       50                   50
        3396088                      136                   50
        3396089                       94                   50

Page 3

~679
3396090 136 68
3396091 220 110
3396092 220 110
3396093 94 50
3396094 94 50
3396095 136 68
3396097 136 68
3396098 136 68
3396099 136 68
3396100 220 110
3530612 220 110
3530262 220 110
3530263 220 220
3530264 220 220
3530265 136 68
3530266 220 220
3530267 136 68
3530268 220 220

TOTAL 5421 3382

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

WHEREFORE, the joint motion for approval of settlement is GRANTED, and it is ORDERED that respondent pay a total penalty of $3382 within 30 days of this order.

Roy J. Maurer
Administrative Law Judge

Distribution:

Thomas A. Grooms, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215, (Certified Mail)

Mr. LaDue Bouldin, President, Double "B" Mining, Inc., P. O. Box 280, Tracy City, TN 37387 (Certified Mail)

dcp

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