Consolidation Coal Company (ALJ decision, July 17, 1991)

Plain-English summary

Consolidation Coal and the Secretary jointly asked the judge to approve a settlement in a civil penalty proceeding involving the Arkwright No. 1 Mine. Judge Roy J. Maurer approved a reduction in the proposed penalty from $953 to $783 under the Mine Act settlement criteria. The case was to be dismissed after the penalty was paid in full.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, the penalty was reduced to $783, and the case was to be dismissed upon full payment.
• Key point: The judge approved the parties’ settlement after reviewing their representations and supporting documentation.

Full text (FMSHRC public release)

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges 5203 Leesburg Pike Falls Church, Virginia 22041

SECRETARY OF LABOR CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Docket No. WEVA 91-181 PETITIONER A. C. No. 46-01452-03770 v. Arkwright No. 1 Mine CONSOLIDATION COAL COMPANY, RESPONDENT

DECISION APPROVING SETTLEMENT
Appearances:
Charles M. Jackson, Esq., U. S. Department of Labor, Office of the Solicitor, Arlington, Virginia, for the Petitioner; Walter J. Scheller III, Esq., Pittsburgh, Pennsylvania, for the Respondent.

Before: Judge Maurer

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). At the hearing, the parties jointly moved to settle this case. A reduction in penalty from $953 to
$783 was 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 $783 within 30 days of this order. Upon payment in full, this case is DISMISSED.

Roy J. Maurer
Administrative Law Judge