Secretary of Labor (MSHA) v. Beckley Coal Mining Company (ALJ decision, November 12, 1985)

Plain-English summary

Beckley Coal Mining Company told the Commission, in response to an order to show cause, that it had paid the penalty in full and did not want a hearing. Chief Administrative Law Judge Paul Merlin dismissed the civil penalty case. He also rejected the company's assertion that the payment could not be considered in an administrative forum. The order says the payment forms part of the operator's prior violation history. It does not state the penalty amount or decide a contested citation on the merits.

Decision snapshot

• Cited standards: None in this order.
• Outcome: The civil penalty proceeding was dismissed after the operator paid the penalty in full; the amount is not stated.
• Key point: The judge said payment of the penalty remains part of the operator's prior history.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. BECKLEY COAL MINING
DDATE:
19851112
TTEXT:
~1818
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 85-28
PETITIONER
A.C. No. 46-03092-03569

v. Beckley Coal Mining Company

BECKLEY COAL MINING COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Merlin

In response to an Order to Show Cause issued by this Commission, the operator advises it paid the penalty in full. Accordingly, it does not want a hearing. The matter appears ripe for dismissal. However, operator's counsel is in error in asserting that its payment herein cannot be considered in any administrative forum. This payment constitutes part of its prior history, Old Ben Coal Company, 4 IBMA 198 (June 1975), Peggs Run Coal Co., Inc., 6 IBMA 212 (June 1976).

In light of the foregoing, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge