Ezel / Agency Decisions / YORK 89-16

Mettiki Coal Corporation (ALJ decision, January 12, 1990)

Mettiki Coal Corporation (FMSHRC YORK 89-16 and consolidated dockets): Settlement approved and contest dismissed

Decision type
ALJ decision
Dockets
YORK 89-16, YORK 89-12-R, YORK 89-10-R, YORK 89-5, YORK 89-6, YORK 89-17, YORK 89-18, YORK 89-26, YORK 89-28
Decided
January 12, 1990
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Mettiki Coal Corporation and the Secretary proposed a settlement covering a civil penalty proceeding and a related citation contest. Judge William Fauver approved the settlement, modified Citation No. 3110113 to remove its significant and substantial designation, and assessed $100 for that violation. The order also included the penalty from the settled order, bringing the total civil penalties to $250. Docket No. 89-12-R was dismissed.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The settlement was approved, the citation was modified, $250 in civil penalties were ordered, and the related contest was dismissed.
  • Key point: The ALJ approved a settlement that removed the S&S designation from the citation and resolved the related contest.

Full text (FMSHRC public release)

CCASE:
METTIKI COAL V. SOL (MSHA)
DDATE:
19900112
TTEXT:

Page 2

~98
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

METTIKI COAL CORPORATION,
CONTEST PROCEEDING
CONTESTANT
Docket No. YORK 89-12-R
v. Citation No. 3110113; 11/1/88

SECRETARY OF LABOR,
Mettiki Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Mine ID 18-00621
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. YORK 89-16
PETITIONER
A. C. No. 18-00621-03655

v. Mettiki Mine

METTIKI COAL COMPANY,
RESPONDENT

DECISION
Appearances: Judith L Horowitz, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, PA for the Secretary;

Susan Chetlin, Esq., Crowell and Moring, Washington, D.C., for the Respondent.

Before: Judge Fauver

At the hearing of this case, the parties proposed a settlement of Order No. 2709745. That settlement was approved, and the penalty amount will be included in the Order below. With respect to Citation No. 3110113, the parties proposed as a settlement, modification of the citation to delete the allegation of a significant and substantial violation and to have the penalty set by the judge. Tr. 785-786.1 Having considered the representations and documentation submitted, I approve the settlement and assess a civil penalty of $100 for this violation.

Page 3

~99
ORDER

WHEREFORE IT IS ORDERED that Respondent shall pay civil penalties of $250 within 30 days of this Decision. Docket No. 89-12-R is DISMISSED.

William Fauver
Administrative Law Judge
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FOOTNOTES START HERE

1. The transcript and exhibits are consolidated in the following cases, which were heard in May 1989:
Docket Nos. YORK 89-10-R, YORK 89-12-R, YORK 89-5, YORK 89-6, YORK 89-16, YORK 89-17, YORK 89-18, YORK 89-26, and YORK 89-28.

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