ADMINISTRATIVE LAW JUDGE DECISION 79-20

	Administrative Law Judge Decision 79-20

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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MORCOAL CO. v OSM; Docket No. CH 9-201-R (November 20, 1979)

TYPE: ALJ Hearing: Decision

NAME: MORCOAL CO., Applicant v OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
(OSM), Respondent

DATE: November 20, 1979

CASE-NO: Docket No. CH 9-201-R

PROCEEDING: Application for Review, Notice of Violation No. 79-I-69-5

OPINIONBY: Administrative Law Judge Shepherd

OPINION: SUMMARY DECISION

Pursuant to the provisions of Section 521 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.
1201 et seq, the applicant filed its application for review of Notice of Violation No. 79-I-69-5 and contended that it had
a small operator's exemption and had not mined coal in 1979.

Subsequently, the respondent acknowledged that the applicant had a small operator's exemption. The respondent then
vacated the notice of violation based upon that exemption.

There being no dispute as to any material fact and the applicant being entitled to a decision as a matter of law, the said
notice of violation is vacated and the application for review is dismissed.

Sheldon L. Shepherd
Administrative Law Judge {2}

Distribution:

Robert M. Stefanon, Esquire, Attorney for Applicant, 100 W. Otterman Street, Greensburg, Pennsylvania 15601
(Certified Mail)

Marye L. Wright, Esquire, Office of the Field Solicitor, Office of Surface Mining, U.S. Department of the Interior, 950
E. Kanawha Boulevard, Charleston, West Virginia 25301 (Certified Mail)

Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240 (Certified Mail)

Assessment Office, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240 (Certified Mail)

Director, Office of Surface Mining, U.S. Department of the Interior, Washington, D.C. 20240, Attention: Special
Assistant to Director

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