ADMINISTRATIVE LAW JUDGE DECISION 04-79

	Administrative Law Judge Decision 79-04

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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JOHN B. HARRIS v OSM; Docket No. CH 9-31-P (December 17, 1979)

TYPE: ALJ Hearing: Consent Decision

NAME: JOHN B. HARRIS, INC., Petitioner v. OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent

DATE: December 17, 1979

CASE-NO: Docket No. CH 9-31-P

PROCEEDING: Civil Penalty Proceeding, Notice of Violation No. 79-I-44-1

OPINIONBY: Administrative Law Judge Allen

OPINION: CONSENT DECISION

The above matter came on for hearing in Charleston, West Virginia, on November 9, 1979. By agreement, the parties
informed the undersigned that the petitioner had agreed to withdraw his petition for review and further agreed that the
civil penalty of $460 was proper.

Having accepted the agreement, the petition was dismissed in the record, and this decision confirms that Notice of
Violation No. 79-I-44-1 was properly issued and that the penalty of $460 was a proper and valid assessment. Pursuant
to the request of the petitioner, the application for review of civil penalty is dismissed.

Tom M. Allen
Administrative Law Judge

Distribution:

Thomas H. Vanderford IV, Esq., Pauley, Curry & Thaxton, 1113-1115 Virginia St., E., Charleston, WV 25301
(Certified Mail)

Marye L. Wright, Esq., Office of the Field Solicitor, U.S. Dept. of the Interior, 723 Kanawha Blvd., E., Charleston,
WV 25301 (Certified Mail)

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

Assessment Office - OSM, Room 215, So. Bldg., U.S. Dept. of the Interior, Washington, DC 20240

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