Ezel / Agency Decisions / va-92-138-alj
FMSHRC ALJ decision Docket VA 92-138 Decided February 10, 1993 Procedural Judge Avram Weisberger

Island Creek Coal Company

Island Creek Coal Company (FMSHRC VA 92-138): Contest dismissed after penalty paid

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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

Island Creek told the Commission that it had decided to pay the $50 proposed penalty under an earlier default order and drop its contest of the citation. The Secretary agreed that dismissal was appropriate. Judge Avram Weisberger dismissed the case based on the parties' statements.

Decision snapshot

  • Cited standard(s): The order does not identify a specific standard section.
  • Outcome: The civil penalty contest was dismissed after the operator agreed to pay the proposed $50 penalty.
  • Key point: The operator's decision to pay the proposed penalty and withdraw its contest resolved the proceeding.

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

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. VA 92-138
Petitioner : A. C. No. 44-00246-03687
v. :
: Virginia Pocahontas No. 1
ISLAND CREEK COAL COMPANY, :
Respondent :

                     ORDER OF DISMISSAL

Before: Judge Weisberger

 On January 28, 1993, Respondent filed a statement asserting

that, when Respondent received the December 16, 1992, Order of
Default(Footnote 1) issued by Chief Judge Merlin in this matter,
it decided to pay the $50 proposed penalty under the Order of
Default, and to "drop" the contest of the citation in this case.
Respondent also asserts that petitioner is in agreement with
Respondent that it is appropriate to dismiss this case.

 Accordingly, based on the assertions in Respondent's

statement this case is DISMISSED.

                              Avram Weisberger
                              Administrative Law Judge

Distribution:

James Blair, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Boulevard, Room 516, Arlington, VA 22203
(Certified Mail)

Marshall S. Peace, Esq., Island Creek Coal Company, 201 W. Vine
Street, Lexington, KY 40507 (Certified Mail)

nb

1The default order was subsequently vacated and this case was
assigned to me.

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