Kelley Trucking Company (ALJ decision, May 26, 1987)

Plain-English summary

Kelley Trucking faced a civil penalty proceeding involving a citation under 30 C.F.R. § 48.25(a). After remand, the parties proposed affirming the citation while reducing the original $400 assessment to $100. Judge John J. Morris found the settlement reasonable and in the public interest, approved it, affirmed the citation, and assessed the $100 penalty.

Decision snapshot

• Cited standard: 30 C.F.R. § 48.25(a)
• Outcome: The settlement was approved, the citation was affirmed, and a $100 penalty was assessed.
• Key point: The penalty reduction was accepted after the parties submitted information addressing the statutory civil-penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KELLEY TRUCKING
DDATE:
19870526
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 85-109
PETITIONER
A.C. No. 34-01087-03501 J3E

v. CF & I

KELLEY TRUCKING COMPANY,
RESPONDENT

DECISION AFTER REMAND APPROVING SETTLEMENT

Before: Judge Morris

This is a civil penalty proceeding initiated by the petitioner against respondent in accordance with the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The civil penalty sought here is for the violation of a mandatory standard promulgated pursuant to the Act.

Prior to a hearing the parties filed a motion seeking approval of proposed settlement.

Citation 2218839 alleges a violation of 30 C.F.R.
48.25(a). An original assessment of $400 was proposed.

The parties now seek a decision affirming the citation and assessing a penalty of $100.

In support of their motion to approve the settlement the parties have submitted information relating to the statutory criteria required for assessing civil penalties as contained in 30 U.S.C. 820(i).

I find the proposed settlement is reasonable and in the public interest. It should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement is approved.

2. Citation 2218839 is affirmed.

3. A civil penalty of $100 is assessed.

John J. Morris
Administrative Law Judge