Ezel / Agency Decisions / WEVA 92-1038

Secretary of Labor v. Level Land Mining Corporation (ALJ decision, July 29, 1993)

Secretary of Labor v. Level Land Mining Corporation (FMSHRC WEVA 92-1038, WEVA 92-1058, and WEVA 92-1063): Settlement approved and penalty reduced to $250

Decision type
ALJ decision
Dockets
WEVA 92-1038, WEVA 92-1058, WEVA 92-1063
Decided
July 29, 1993
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1993
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary sought approval of settlement agreements in three civil penalty proceedings against Level Land Mining Corporation. The proposed settlement reduced the penalty from $317 to $250. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered Level Land Mining to pay $250 within 30 days.

Decision snapshot

  • Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved and the penalty was reduced to $250.
  • Key point: The ALJ approved the documented settlement after considering the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. LEVEL LAND MINING
DDATE:
19930729
TTEXT:

Page 2

~1446

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 92-1038 Petitioner : A.C. No. 46-04383-03501KZV :
v. : Docket No. WEVA 92-1058
: A.C. No. 46-04383-03502KZV
LEVEL LAND MINING CORPORATION, :
Respondent : Docket No. WEVA 92-1063 : A.C. No. 46-04383-03503KZV
:
: No. 4 Strip

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

These cases are before me upon petitions 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 settlement agreements and to dismiss these cases. A reduction in penalty from $317 to $250 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 penalty of $250 within 30 days of this order.

Avram Weisberger
Administrative Law Judge
Distribution:

Tina C. Mullins, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Room 516, Arlington, VA 22203 (Certified Mail)

Mr. Timothy A. Keeney, Level Land Mining Corporation, P.O. Box 1181, Charleston, WV 25324-1181 (Certified Mail)

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