FMSHFADJ0001 - Case Type 2

Civil Penalty Proceedings: Proceedings that provide a mine operator with the opportunity to contest a proposed penalty assessment under the Federal Mine Safety and Health Act of 1977 (Mine Act) by the Department of Labor's Mine Safety and Health Administration (DOL/MSHA). In assessing a penalty the Judge shall determine the amount of penalty in accordance with the six statutory criteria contained in section 110(i) of the Act, 30 U.S.C. 820(i), and incorporate such determination in a written decision. The decision shall contain findings of fact and conclusions of law on each of the statutory criteria and an order requiring that the penalty be paid.