Georges Colliers, Incorporated

Plain-English summary

Georges Colliers, Incorporated returned to the Administrative Law Judge on remand for assessment of a civil penalty. After supplemental hearings about the company's updated financial information, the parties negotiated a settlement. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria. He approved the settlement and ordered the company to pay $742.60 in three installments.

Decision snapshot

• Cited authority: 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, and a $742.60 civil penalty was assessed.
• Key point: A negotiated penalty settlement may be approved after supplemental financial evidence supports the proposed amount.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                                OFFICE OF ADMINISTRATIVE LAW JUDGES
                                         2 SKYLINE, Suite 1000
                                         5203 LEESBURG PIKE
                                    FALLS CHURCH, VIRGINIA 22041


                                       October 17, 2001

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 2000-65
Petitioner : A. C. No. 34-01787-03557
v. :
: Docket No. CENT 2000-80
GEORGES COLLIERS, INCORPORATED, : A. C. No. 34-01787-03558
Respo ndent :
: Pollyanna No. 8 Mine

                                          DECISION

Appearances: Christopher Grier, Esq., Office of the Solicitor, U.S. Dept. of Labor,
Dallas, Texas, on behalf of Petitioner;
Elizabeth M. Christian, Esq., San Antonio, Texas, on behalf of
Respondent.

Before: Judge Melick

    These cases are before me upon remand for assessment of a civil penalty in accordance

with Section 110(i) of the Federal Mine Safety and Health Act of 1977 (the Act). Following
supplemental evidentiary hearings at which Respondent presented updated financial
documentation and the testimony of Internal Revenue Service Enrolled Agent, Rhonda Schrum
and Craig Jackson, Respondent’s President, the parties negotiated a settlement. A reduction in
penalty to $742.60 was proposed. I have considered the representations and documentation
submitted in this case, and I conclude that the proferred settlement is acceptable under the criteria
set forth in Section 110(i) of the Act.

   WHEREFORE, the motion for approval of settlement is GRANTED, and it is

ORDERED that Respondent pay a penalty of $742.60, in accordance with the following
schedule: payments of $247.53 each within 40 days and 70 days of this order and a final payment
of $247.54 within 100 days of this order.

                                             Gary Melick
                                             Administrative Law Judge

Distribution: (By Certified Mail)

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Christopher Grier, Esq., & Janice H. Mountford, Esq., Office of the Solicitor, U.S. Dept. of
Labor, 525 South Griffin St., Suite 501, Dallas, TX 75202

Elizabeth M. Christian, Esq., 7940 Pipers Creek Road, #1812, San Antonio, TX 78251

/mca

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