ADMINISTRATIVE LAW JUDGE DECISION 79-150

	Administrative Law Judge Decision 79-150

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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C & W MINING CO., INC. v OSM; Docket No.  IN 8-1-R (December 12, 1978)

 TYPE:  ALJ Hearing: Decision  

NAME: C & W MINING CO., INC., Applicant v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent  

DATE: December 12, 1978  

CASE-NO: Docket No.  IN 8-1-R  

PROCEEDING: Application for Review, Notice of Violation 78-III-004-7  

COUNSEL: 

John Orr Beck, Esq., Lisbon, Ohio, for Applicant; 

Nina Rose Hatfield, Esq., Office of the Field Solicitor, Department of the Interior, for Respondent.  

OPINIONBY: Administrative Law Judge Truswell  

OPINION: DECISION  

  C & W Mining Company, Inc. (Applicant), pursuant to section 525 n1/ of the Surface Mining Control and
Reclamation Act of 1977 n2/ (the Act), applied on July 27, 1978, for review of a notice of violation issued by the Office
of Surface Mining Reclamation and Enforcement (Respondent) under section 521(a)(3) of the Act.  

   n1/ 30 U.S.C.   1275 (1977).  

   n2/ 30 U.S.C.   1201 et seq. (1977).  

  Previously, on June 29, 1978, Respondent had duly issued a notice of violation alleging: (A) "Failure to clearly mark
the perimeter of the permit"; (B) "Failure to segregate topsoil"; and (c) "Blasting within 1,000 feet of buildings used as
dwellings without approval of the regulatory authority."  

  A hearing was held on November 28, 1978, at Lisbon, Ohio.  At the beginning of the hearing, attorney for Applicant
and attorney for Respondent jointly moved for dismissal.  Applicant's attorney advised that "we are not contesting the
violations" but would like an informal conference to discuss the points and the penalty.  Applicant has the right under 43
CFR 4.1111 to "seek to withdraw by moving to dismiss at any stage of a proceeding."  

   ORDER  

   The joint motion for dismissal is granted and the application for review is herewith dismissed.  

William J. Truswell, 
Administrative Law Judge

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