ADMINISTRATIVE LAW JUDGE DECISION 79-92

	Administrative Law Judge Decision 79-92

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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 DEKALB HIGHLANDS MINING CO., INC. v OSM; Docket No. NX 9-41-R (July 25, 1979)

 TYPE: ALJ Hearing: Decision  

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

DATE: July 25, 1979  

CASE-NO: Docket No. NX 9-41-R  

PROCEEDING: Application for Review, Notice of Violation No. 79-II-14-9  

COUNSEL: Appearances: W.M. Beck, Jr., Esq., Beck & Beck, Attorneys at Law, 215 Grand Avenue, South, Fort
Payne, AL, for Applicant; 
 
John P. Williams, Esq., Office of the Field Solicitor, U.S. Department of the Interior, Knoxville, TN, for Respondent.  

OPINIONBY: Administrative Law Judge Torbett  

OPINION: DECISION  

   BACKGROUND  

   In accordance with Section 525 of the Surface Mining Control and Reclamation Act of 1977 (the Act), DeKalb
Highlands Mining Company, Inc., Applicant applied on April 6, 1979 for review of a notice of violation issued by the
Office of Surface Mining Reclamation and Enforcement, Respondent under Section 521(a)(2) of the Act.  

   A hearing was held on July 17, 1979 in Birmingham, Alabama.  After the opening of the hearing the Applicant
decided to withdraw its appeal based on the stated promise of the Respondent that no civil penalty would be assessed in
this case.  

   ORDER  

   It is therefore ordered that the appeal of the Applicant is withdrawn and Notice of Violation No. 79-II-14-9 is
sustained.  It is further ordered that no civil penalty will be assessed in this case.  

   David Torbett  
   Administrative Law Judge {2}
 
Distribution: (Certified Mail)  

   W. M. Beck, Jr., Esq., Beck & Beck, Attorneys at Law, 215 Grand Avenue, South, Fort Payne, AL 35967  

   J. A. Coleman, President, Highlands Coal & Chemical Corporation, Suite 809 414 Walnut Street, Cincinnati, OH
45202  

   Office of the Field Solicitor, Division of Surface Mining, U.S. Department of the Interior, P.O. Box 15006, Knoxville,
TN 37901  

   Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, DC 20240

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