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additional Administrative Administrative Judge affirmed alleged amount appeal appellant's application approved assessed authority Board brief cited Civil claim Coal Company concluded considered Construction contends contract contractor costs Court dated December decision denied Department determination directed dismissal Eastern effect entry equipment Estate evidence existing fact failed failure Federal filed findings further Government granted ground Health hearing held hold IBMA Indian inspector interest Interior issued January Judge July June land Law Judge lease letter March material matter meaning ment MESA miners Mining modified notice officer operator opinion overruled parties patent penalty period person petition present prior proceeding pursuant question reason record regulations request respect result roof ruled Safety Secretary standard Stat supra tion United violation withdrawal
Page 114 - A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence.
Page 296 - Secretary determines that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners...
Page 281 - Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active workings, or on diesel-powered and electric equipment therein. [61 FR 55527, Oct. 25, 1996] § 75.400-1 Definitions. (a) The term coal dust means particles of coal that can pass a No.
Page 45 - The requirement is specifically set forth in the plan and in the absence of any evidence to the contrary, it is reasonable to assume.
Page 413 - Where minerals have been found and the evidence is of such a character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine, the requirements of the statute have been met.
Page 443 - 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 514 - One who employs an independent contractor to do work which the employer should recognize as likely to create during its progress a peculiar risk of physical harm to others unless special precautions are taken, is subject to liability for physical harm caused to them by the failure of the contractor to exercise reasonable care to take such precautions...
Page 268 - Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense. In...