LESLIE COAL & ENERGY ENGINEERING, INC. v OSM; Docket No. NX 9-2-P (November 21, 1978)

 TYPE: ALJ Hearing: Decision  

NAME: LESLIE COAL & ENERGY ENGINEERING, INC., Applicant v OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT (OSM), Respondent  

DATE: November 21, 1978  

CASE-NO: Docket No. NX 9-2-P  

PROCEEDING: Civil Penalty Proceeding, Notice of Violation No. 78-II-1-003  

COUNSEL: 

Jerry Anderson, Esq., Berry, Oakley & Anderson, 107 Church Street, Lexington, KY, for the Applicant; 

John P. Williams, Esq., Office of the Field Solicitor, U.S. Department of the Interior, Knoxville, TN, for the Respondent 


OPINIONBY: Administrative Law Judge Torbett  

OPINION: DECISION  

   BACKGROUND  

  In accordance with Section 518 of the Surface Mining Control and Reclamation Act of 1977 (the Act), Leslie Coal and
Energy Engineering, Inc., Applicant, applied on October 18, 1978 for a review of a notice of a proposed civil penalty
assessment issued by the Office of Surface Mining and Reclamation, Respondent.  This proposed assessment was based
on Notice of Violation No. 78-II-1-003 dated June 2, 1978.  Contemporaneous with the filing of its application the
Applicant in accordance with the requirements of 43 CFR  4.1152(b)(1) paid the full amount of the proposed civil
penalty ($2,780) to the Assessment Office, Office of Surface Mining to be placed in escrow pending a final
determination of the proposed assessment.  A hearing was held in this matter on November 16, 1978 in Lexington,
Kentucky.  At the conclusion of the hearing both the Applicant and Respondent waived their right to file proposed
findings of fact and conclusions of law and each of them asked that a final decision be rendered immediately.   

  Thereupon, the undersigned rendered a final decision wherein the notice of violation and violations contained therein
were sustained, but the proposed civil penalty was reduced from $2,780 to $500.  

   CONFIRMATION OF DECISION  

{2}  The decision of the undersigned including the findings of fact and conclusions of law as contained in the verbatim
record made in this case are confirmed by the written decision and order.  

   ORDER  

  It is therefore ordered that the proposed civil penalty assessed against the Applicant be reduced from $2,780 to$500
and that the sum of $2,280 with interest at the rate of six percent or with interest at the prevailing Department of
Treasury rate whichever is greater be remitted to the Applicant.  

David Torbett, 
Administrative Law Judge