ADMINISTRATIVE LAW JUDGE DECISION 14-79

	Administrative Law Judge Decision 79-14

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 0-10-R (November 21, 1979)

 TYPE:  ALJ Hearings: Dismissal

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 0-10-R  

PROCEEDING: Application for Review; CO No. 79-I-44-22; NMI  

OPINION: SUMMARY DISMISSAL  

   The original notice of violation issued by the Office of Surface Mining in the above-styled case was Notice of
Violation No. 79-I-44-13 which was appealed by the applicant in Docket No. CH 9-181-R.  

   The Cessation Order No. 79-I-44-22 is for the same violation and was issued September 21, 1979.  The original
violation was issued July 3, 1979, and application for review was filed August 6, 1979.  The respondent failed to file an
answer, and on October 2, 1979, a Summary Decision was issued in favor of the applicant dismissing the notice of
violation.  Further, on October 26, 1979, the undersigned issued an order denying the motion for reconsideration.  

   There having been an adjudication of the Notice of Violation No. 79-I-44-13, and the same having been vacated, and
a cessation order issued pursuant to section 521(a) (3) of the Surface Mining Control and Reclamation Act of 1977 is
improper, and therefore Cessation Order No. 79-I-44-22 is summarily dismissed.

(Home Page)

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