Decisions of the Interior Board of Mine Operations Appeals, Volume 3U.S. Government Printing Office, 1978 |
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Common terms and phrases
4015 WILSON BOULEVARD abatement above-captioned Administrative Law Judge AFFIRMED APPEALS 4015 WILSON APPEALS INTERIOR BOARD appellee application for review Assistant Solicitor authority delegated brief Chief Administrative Judge cited civil penalty coal dust Coal Mine Health conclude contends contractor David Doane Chief dismissal Doane Chief Administrative Docket Eastern Associated Enforcement and Safety Federal Coal Health and Safety HEARINGS AND APPEALS HEREBY ORDERED Howard Schellenberg IBMA imminent danger inspector Interior 43 CFR issuance Itmann Judge erred Judge's decision mandatory health mandatory safety standard MESA's Mining Enforcement motion notice of violation OFFICE OF HEARINGS Old Ben Coal OPERATIONS APPEALS 4015 Order of Withdrawal ORDER WHEREFORE OSHD OSHD par penalties assessed provides pursuant to section record regulations Respondent roof control plan Rushton Mining Company Safety Act Safety Administration MESA Secretary section 104 statutory Stephen Kramer supra tion Trial Attorney UMWA United Mine Workers vacated violation of 30 WILSON BOULEVARD ARLINGTON Workers of America
Popular passages
Page 289 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
Page 86 - Federal land manager may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths.
Page 41 - Labor shall make findings of fact. If he finds that such violation did occur, he shall issue a decision incorporating an order therein...
Page 20 - Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged violation.
Page 139 - In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator charged, the effect on the owner or operator's ability to continue in business, and the gravity of the violation, shall be considered by such Secretary.
Page 350 - operator" means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine; (e) "agent...
Page 20 - ... given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code.
Page 17 - No person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any miner or any authorized representative of miners by reason of the fact that such miner or representative (A) has notified the Secretary or his authorized representative of any alleged violation or danger...
Page 296 - Underground transformer stations, battery-charging stations, substations, compressor stations, shops, and permanent pumps shall be housed in fireproof structures or areas. Air currents used to ventilate structures or areas enclosing electrical installations shall be coursed directly into the return. Other underground structures installed in a coal mine as the Secretary may prescribe shall be of fireproof construction.
Page 109 - Administrator may commence a civil action for appropriate relief, including a permanent or temporary injunction, whenever any person (1) violates or fails or refuses to comply with any order issued under subsection (a); or (2) violates any requirement of an applicable implementation plan.