ADMINISTRATIVE LAW JUDGE DECISION 01-79

	Administrative Law Judge Decision 79-01

This is the Office of Surface Mining's Library of Administrative Law Judge (ALJ) Decisions. These decisions are from the Interior Department's Office of hearings and Appeals (OHA) which adjudicates disputes arising from the enforcement of the Surface Mining Control and Reclamation Act (SMCRA). There are currently has nine Administrative Law Judges (ALJ's) who hear all cases in which a hearing on the record is required under the Administrative Procedures Act. Administrative Law Judge Decisions that are appealed are heard by the Interior Board of Land Appeals (IBLA) and other appeal boards. For copies of appeal decisions and other information regarding the Office of Hearings and Appeals, see www.doi.gov/oha.

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ALTMIRE BROS. COAL v OSM; Docket No. CH 0-22-P (December 27, 1979)

TYPE: ALJ Hearing: Consent Decision

NAME: ALTMIRE BROS. COAL CO., INC., Petitioner v. OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent

DATE: December 27, 1979

CASE-NO: Docket No. CH 0-22-P

PROCEEDING: Civil Penalty Proceeding, Notice of Violation No. 79-I-50-4

OPINIONBY: Administrative Law Judge Shepherd

OPINION: DECISION ON JOINT MOTION

Pursuant to the provisions of Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.
1201 et seq., the petitioner sought a hearing on the penalty assessment imposed as a result of Notice of Violation No.
79-I-50-4.

The petitioner was assessed a penalty in the amount of $440 which was paid into escrow.

As provided in the Joint Motion for Consent Order filed by the petitioner and in the concurrence in that Motion by the
respondent, it was agreed that the violation did, in fact, occur and it was further agreed that the civil penalty should be
reduced from $440 to $260.

Therefore, it is ordered that Notice of Violation No. 79-I-50-4 was properly issued and that, pursuant to agreement,
the monetary penalty is reduced from $440 to $260 and that $180 be returned to the petitioner with interest at the rate of
six percent per annum or with interest at the prevailing Department of Treasury rate, whichever is greater.

Sheldon L. Shepherd
Administrative Law Judge

Distribution: {2}

Mr. Mack Altmire, President, Altmire Bros. Coal Co., Inc., Box 281, Apollo, Pennsylvania 15613 (Certified Mail)

William F. Larkin, Esquire, Office of the Field Solicitor, Office of Surface Mining, U.S. Department of the Interior, 950
E. Kanawha Boulevard, Charleston, West Virginia 25301 (Certified Mail)

Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240 (Certified Mail)

Assessment Office, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240 (Certified Mail)

Director, Office of Surface Mining, U.S. Department of the Interior, Washington, D.C. 20240, Attention: Special
Assistant to Director

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