ADMINISTRATIVE LAW JUDGE DECISION 13-79

	Administrative Law Judge Decision 79-13

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.

For additional information about this Library and related issues, contact Ron Tarquinio at rtarquin@osmre.gov or phone at (202) 208-2882.

CLAY KITTANNING COAL CO., INC. v OSM; Docket No. CH 0-9-R (November 21, 1979)

TYPE: ALJ Hearing: DECISION

NAME: CLAY KITTANNING COAL CO., INC., Applicant v OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT (OSM), Respondent

DATE: November 21, 1979

CASE-NO: Docket No. CH 0-9-R

PROCEEDING: Application for Review, Cessation Order No. 79-I-44-21

OPINION: SUMMARY DECISION

According to the provisions of section 525 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.) (the Act), Clay Kittanning Coal Co., Inc., applicant, filed on October 9, 1979, an application to review
Cessation Order No. 79-I-44-21. The previously issued notice of violation is not contained in the file. On October 15,
1979, the undersigned informed the applicant that the petition did not comply with 43 CFR 4.1164 and furnished the
applicant a copy of same. The applicant was required to amend the application within 15 days from the receipt of the
letter which was received by the applicant on October 16, 1979. Thereafter, an answer and motion for more definite
statement were filed by the respondent and received November 5, 1979, whereupon on the same date, the undersigned
issued an order granting the motion and ordering a more definite statement to be filed before the end of the business day
on November 19, 1979. As part of the order, the applicant was notified that failure to abide by the order would result in
the application for review being summarily dismissed.

There being no communication from either of the correspondence issued by the undersigned as of this date, the
application for review is dismissed and Cessation Order No. 79-I-44-21 as the same applies to Mine No. 6 with State
Permit No. D-8962 is affirmed as validly issued.

(Home Page)

Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov