ADMINISTRATIVE LAW JUDGE DECISION 79-17

	Administrative Law Judge Decision 79-17

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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A & E COAL CO., INC. v OSM; Docket No. NX 9-55-P (November 21, 1979)

 TYPE: ALJ Hearing: Consent Decision  

NAME: A & E COAL CO., INC., Petitioner v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent  

DATE: November 21, 1979  

CASE-NO: Docket No. NX 9-55-P  

PROCEEDING: Civil Penalty Proceeding, Notice of Violation No. 79-II-38-6  

OPINIONBY: Administrative Law Judge Allen  

OPINION: CONSENT DECISION  

   In accordance with section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.  1201 et
seq.) (the Act), A & E Coal Co., Inc. (petitioner), petitioned on August 27, 1979, for review of Notice of Violation No.
79-II-38-6 and the proposed civil penalty.  Contemporaneously with the filing of the petition, the petitioner paid to the
Assessment Office, OSM, the full amount of the proposed civil penalty ($1,700) in compliance with the requirements of
43 CFR 4.1152(b)(1).  Timely answers were filed.  

   The case was set for hearing November 15, 1979, in Pikeville, Kentucky, however, prior to said hearing, both of the
parties entered into a written agreement for a consent decision which is hereby approved.  Therefore, it is ordered that
Notice of Violation No. 79-II-86-6 is affirmed as validly issued; however, no penalty points are assessed, and the
respondent shall remit to the petitioner the sum of $1,700 together with interest at the rate of 6 percent or the prevailing
Department of Treasury rate, whichever is greater.  A copy of the agreed order is hereto attached.  

   Tom M. Allen  
   Administrative Law Judge {2}
 
 Distribution:  

   Ronald G. Polly, Esq., Polly, Craft, Asher & Smallwood, 7-10 Bank Bldg., Whitesburg, KY 41858 (Certified Mail)  

   John P. Williams, Esq., Office of the Field Solicitor, U.S. Dept. of the Interior, P.O. Box 15006, Knoxville, TN 37901
(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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