Ezel / Agency Decisions / CENT 88-19-M

Cen-Tex Ready Mix Concrete Company, Incorporated (ALJ decision, May 26, 1988)

Cen-Tex Ready Mix Concrete Company, Incorporated (FMSHRC CENT 88-19-M and CENT 88-41-M): Settlement approved and penalty reduced

Decision type
ALJ decision
Dockets
CENT 88-19-M, CENT 88-41-M
Decided
May 26, 1988
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 1988 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 1988
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 ALJ decision approving a settlement, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. 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

Cen-Tex Ready Mix Concrete Company faced two civil penalty proceedings concerning its Lampasas Quarry. The Secretary of Labor proposed reducing the combined penalty from $10,957 to $6,957 through a settlement. Judge Gary Melick rejected the company's claim that an independent contractor was responsible for several violations, but found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered the company to pay $6,957 within 30 days.

Decision snapshot

  • Cited provisions: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved and the combined penalty was reduced from $10,957 to $6,957.
  • Key point: The judge approved the reduced penalty even though he did not accept the operator's independent-contractor defense to several violations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CEN-TEX READY MIX CONCRETE
DDATE:
19880526
TTEXT:

Page 2

~684
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 88-19-M
PETITIONER
A.C. No. 41-03055-05506
v.
Docket No. CENT 88-41-M
CEN-TEX READY MIX CONCRETE
A.C. No. 41-03055-05507
COMPANY, INCORPORATED,
RESPONDENT
Lampasas Quarry

DECISION APPROVING SETTLEMENT

Appearances: Mary E. Witherow, Esq., U.S. Department of Labor, Office of the Solicitor, Dallas, Texas for Petitioner;
John D. Austin, Esq., Arter & Haden, Washington, D.C. for Respondent.

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed an original and an amended motion to approve a settlement agreement proposing a reduction in penalty from $10,957 to $6,957. I have considered the representations and documentation submitted in these cases, and while I do not accept Respondent's claim that an independent contractor was responsible for several of the violations, nevertheless 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 Respondent pay penalties of $6,957 within 30 days of this order.

Gary Melick
Administrative Law Judge
(703) 756-6261

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