Southern Ohio Coal Company (ALJ decision, April 15, 1992)

Plain-English summary

Southern Ohio Coal Company had a contest proceeding and a related civil penalty proceeding at the Martinka No. 1 Mine. On remand, the Secretary represented that the evidence would not support one order under the Commission’s Southern Ohio Coal standard, and Judge Roy J. Maurer vacated that order. The decision also noted that a $500 penalty for another order had already been paid. It approved the resolution, found the contest moot, and dismissed both proceedings.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 814(a) and 820(i)
• Outcome: An order was vacated, the remand settlement was accepted, and both proceedings were dismissed as moot after the other penalty had been paid.
• Key point: A remand settlement can end related contest and penalty proceedings when the Secretary no longer relies on the evidence supporting a disputed order and the remaining penalty is paid.

Full text (FMSHRC public release)

CCASE:
SOUTHERN OHIO COAL V. MSHA
DDATE:
19920415
TTEXT:

Page 2

~564

SOUTHERN OHIO COAL COMPANY, : CONTEST PROCEEDING Contestant :
v. : Docket No. WEVA 88-144-R
: Order No. 2895540; 1/27/88
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH : Martinka No. 1 Mine ADMINISTRATION (MSHA), :
Respondent : Mine ID 46-03805
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 88-212 Petitioner : A. C. No. 46-03805-03852
v. :
: Martinka No. 1 Mine
SOUTHERN OHIO COAL COMPANY, :
Respondent :

DECISION UPON REMAND APPROVING SETTLEMENT ORDER OF DISMISSAL

Before: Judge Maurer

The Secretary proposes to vacate Order No. 2895348 because the evidence available at the retrial of this case on remand would not support the fact of violation using the criterion announced by the Commission in Southern Ohio Coal Co., 14 FMSHRC 1 (January 1992). I accept the Secretary's representations in this regard and accordingly, Order No. 2895348 IS VACATED.

The other matter previously included in the civil penalty proceeding was Order No. 2895540, which was modified to a section 104(a) citation and assessed a civil penalty of $500 by my Decision and Order of October 16, 1989, which can be found at 11 FMSHRC 1992 (October 1989) (ALJ). Counsel of record for respondent assures me that this $500 has been long ago paid.

Page 3

~565
That being the case, the captioned contest proceeding is moot and both of the above proceedings are now DISMISSED.

Roy J. Maurer
Administrative Law Judge

Distribution:

David A. Laing, Esq., Porter, Wright, Morris & Arthur, 41 S. High Street, Columbus, OH 43215-3406 (Certified Mail)

Joseph T. Crawford, Esq., Office of the Solicitor, U. S. Department of Labor, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail)

dcp