Secretary of Labor (MSHA) v. Volunteer Coal Corporation (ALJ decision, January 28, 1986)

Plain-English summary

The Secretary filed a civil penalty case against Volunteer Coal Corporation concerning its No. 1 Mine. The parties agreed that the company would pay the proposed $800 penalty in full. Judge Gary Melick reviewed the submissions and found the agreement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered payment within 30 days. The short decision does not describe the underlying violation.

Decision snapshot

• Cited provision: Mine Act section 110(i), governing civil penalty criteria.
• Outcome: Settlement approved; $800 due within 30 days.
• Key point: The judge approved the parties' agreement to pay the proposed penalty in full.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. VOLUNTEER COAL
DDATE:
19860128
TTEXT:
~182

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 85-242
PETITIONER
A.C. No. 46-06805-03509

v. No. 1 Mine

VOLUNTEER COAL CORPORATION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Jonathan M. Kronheim, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Petitioner;
William Stover, Esq., M.A.E. Services Inc., Beckley, 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. Respondent has agreed to pay the proposed penalty of $800 in full. 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 $800 within 30 days of this order.

Gary Melick
Administrative Law Judge