Raven Hocking Coal Corp. (ALJ decision, September 30, 1986)

Plain-English summary

Raven Hocking Coal Corp. faced a civil penalty case concerning its Raven Dock operation. The Secretary proposed a settlement reducing the penalty from $620 to $400. Judge Gary Melick reviewed the submitted materials under the Mine Act's penalty criteria and approved the agreement. He ordered the company to pay $400 within 30 days. The decision does not identify the underlying violation or safety standard.

Decision snapshot

• Cited provision(s): 30 U.S.C. §§ 815(d) and 820(i); the underlying safety standard is not identified.
• Outcome: The penalty was reduced from $620 to $400 by approved settlement, payable within 30 days.
• Key point: The judge approved the proposed reduction after considering the Mine Act penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. RAVEN HOCKING COAL
DDATE:
19860930
TTEXT:

~1496

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. WEVA 85-201
PETITIONER
A.C. No. 46-06104-03518

v. Raven Dock

RAVEN HOCKING COAL CORP.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Mary K. Spencer, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Petitioner;
Mr. William F. Zuspan, President, Raven Hocking Coal Corporation, Mason, West Virginia, for Respondent.

Before: Judge Melick

This case is 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). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $620 to $400 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $400 within 30 days of this order.

Gary Melick
Administrative Law Judge