(DOWNLOAD) "Andrus v. Double" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Andrus v. Double
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 25, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Order BEFORE: WEICK, LIVELY AND JONES, Circuit Judges At issue is the entitlement of appellant Double ""Q"" Inc. under 30 U.S.C. § 819(a)(4) to a de novo jury trial on the facts of numerous violations of the Coal Mines Health and Safety Act, 29 U.S.C. § 801, et seq., in an action brought by the Secretary of the Interior to enforce civil penalties. The district court held that § 819(a)(4) did not provide for a de novo trial on the factual findings of violations and only permitted de novo review of the amount of the civil penalties. We affirm. The district court thoroughly discussed the statutory language, legislative history and relevant case law. Upon review of these sources, we are convinced that the district court correctly interpreted § 819(a)(4). Review of the Secretary's factual findings of violations should proceed according to § 816. An offending party cannot relitigate these factual findings in an enforcement action under § 819(a)(4) to collect the civil penalties.