Ezel / Agency Decisions / CENT 2003-207-M

Southwest Concrete & Paving (ALJ decision, March 11, 2005)

Southwest Concrete & Paving (FMSHRC CENT 2003-207-M and related dockets): Settlement approved with reduced penalty

Decision type
ALJ decision
Dockets
CENT 2003-207-M, CENT 2004-49-M, CENT 2004-87-M, CENT 2004-192-M
Decided
March 11, 2005
Presiding judge
Michael E. Zielinski
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-09
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2005 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 2005
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Southwest Concrete & Paving and the Secretary agreed to settle civil penalty proceedings involving the Mimbres Pit Mine. The Secretary agreed to modify four citations, and the settlement reduced the total penalty from $1,439 to $967. Judge Michael E. Zielinski found the settlement appropriate under the Mine Act's criteria and approved it. The amended citations were ordered paid within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved, four citations were amended, and a $967 penalty was ordered.
  • Key point: The agreed settlement resolved the four listed civil penalty proceedings with a reduced payment.

Full text (FMSHRC public release)

SOUTHWEST CONCRETE & PAVING -- March 11, 2005

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, NW, Suite 9500

Washington, DC 20001

March 11, 2005

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 2003-207-M
Petitioner : A. C. No. 29-00473-05542
v. :
: Docket No. CENT 2004-49-M
SOUTHWEST CONCRETE & PAVING : A. C. No. 29-00473-11213
Respondent :
: Docket No. CENT 2004-87-M
: A. C. No. 29-00473-15815
:
: Docket No. CENT 2004-192-M
: A. C. No. 29-00473-08804
:
: Mimbres Pit Mine

DECISION APPROVING SETTLEMENT

Before:  Judge Zielinski

This case is before me on a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d). The parties have negotiated an agreed resolution of the petition and, by motion, seek approval of the settlement agreement and dismissal of the cases. The Secretary has agreed to modify four of the citations at issue and it is proposed that the total penalty for the violations at issue be reduced from
$1,439.00 to $967.00. I have considered the representations and evidence submitted and conclude that the proffered settlement is appropriate 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 the citations are hereby amended as proposed in the motion and that Respondent pay a penalty of $967.00 within 30 days.

Michael E. Zielinski

Administrative Law Judge

Distribution:

Matthew P. Sallusti, Esq., Office of the Solicitor, U.S. Department of Labor, 525 South Griffin St., Suite 501, Dallas, TX 75202

Jeffrey A. Dahl, Esq., Lamb, Metzgar, Lines & Dahl, P.A., P.O. Box 987, Albuquerque, NM 87103

/mh

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