LESLIE COAL & ENERGY ENGINEERING, INC. v OSM; Docket No. NX 9-5-P (November 21, 1978)

 TYPE: ALJ Hearing: Decision  

NAME: LESLIE COAL & ENERGY ENGINEERING, INC., Applicant v OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT (OSM), Respondent  

DATE: November 21, 1978  

CASE-NO: Docket No. NX 9-5-P  

PROCEEDING: Civil Penalty Proceeding, Order of Cessation No. 78-II-1-4  

COUNSEL: 

Jerry Anderson, Esq., Berry, Oakley and Anderson, 107 Church Street, Lexington, KY, for the Applicant; 

John P. Williams, Esq., Office of the Field Solicitor, U.S. Department of the Interior, Knoxville, TN, for the
Respondent.  

OPINIONBY: Administrative Law Judge Torbett  

OPINION: DECISION  

   BACKGROUND    In a accordance with Section 518 of the Surface Mining Control and Reclamation Act of 1977
(the Act) Leslie Coal and Energy Engineering, Inc., Applicant, applied on October 30, 1978 for a review of a notice of
proposed civil penalty assessment issued by the Office of Surface Mining and Reclamation, Respondent.  This proposed
assessment was based on Order of Cessation No. 78-II-1-4 dated July 12, 1978.  Contemporaneous with the filing of its
application the Applicant in accordance with the requirements of 43 CFR  4.1152(b)(1) paid the full amount of the
proposed civil penalty ($4,400) to the Assessment Office, Office of Surface Mining to be placed in escrow pending a
final determination of the proposed assessment.  A hearing was held before the undersigned in Lexington Kentucky on
November 16, 1978.  At the conclusion of the hearing both the Applicant and the Respondent waived their rights to file
proposed findings of fact and conclusions of law and each of them asked that a final decision be rendered immediately.  

   Thereupon the undersigned render a decision wherein the order of cessation and the violations contained therein were
vacated.  

   CONFIRMATION OF DECISION  

{2}  The decision of the undersigned including the findings of fact and conclusions of law contained in the verbatim
record made in this case are confirmed by this written decision and order.  

   ORDER  

  It is therefore ordered that the proposed civil penalty assessed against the Applicant be vacated and that the sum of
$4,400 with interest at the rate of six percent or with interest at the prevailing Department of Treasury rate whichever is
greater be remitted to the Applicant.  

David Torbett, 
Administrative Law Judge