MACO COAL, INC. v OSM; Docket No. CH 9-3-R (December 1, 1978)

 TYPE:  ALJ Hearing: Decision  

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

DATE: December 1, 1978 [Amended by December 8, 1978 decision]  

CASE-NO: Docket No. CH 9-3-R  

PROCEEDING: Application for Review, Cessation Order #78-I-19-3  

COUNSEL: 

No appearances for the applicant; 

Marye Wright, Esq., Office of the Field Solicitor, Department of the Interior, for respondent.  

OPINIONBY: Administrative Law Judge Allen  

OPINION: DECISION  

   BACKGROUND {2} 

 In accordance with section 518 of the Surface Mining Control and Reclamation Act of 1977 (the Acte, Maco Coal, Inc.,
applicant, applied on October 6, 1978, for a formal hearing on Cessation Order #78-I-19-3 issued by the Office of
Surface Mining Reclamation and Enforcement, respondent.  The application did not comply with 43 CFR 4.1163 (43
Fed. Reg. 34393, August 3, 1978).  Hearing was scheduled at Wise, Virginia, for November 22, 1978, at 9 a.m., and
applicant, who was represented by J. Robert Stump, Esq., who also filed the notice of review, requested a continuance
without legal grounds or reason by way of letter, and not by proper motion.   

  A hearing was held before the undersigned in Wise, Virginia, on November 22, 1978, commencing at approximately
9:15 a.m. whereup testimony was taken from the applicant as to the violation and cessation order.  

   CONFIRMATION OF DECISION AND ORDER  

  The decision of the undersigned was made upon the record and upon signing of the record by the undersigned, shall
constitute the full and complete opinion and decision.  However, to properly complete the record, the evidence discloses
that the violation and cessation order were properly issued and it is therefore ordered and adjudged that the same are
affirmed.  

Tom M. Allen, 
Administrative Law Judge  

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