Ezel / Agency Decisions / CENT 88-53-M

El Paso Sand Products, Inc. (ALJ decision, February 13, 1989)

El Paso Sand Products, Inc. (FMSHRC CENT 88-53-M): Civil penalty settlement approved

Decision type
ALJ decision
Docket
CENT 88-53-M
Decided
February 13, 1989
Presiding judge
George A. Koutras
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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, 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 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

El Paso Sand Products and the Secretary jointly asked the ALJ to approve a settlement of a civil penalty. The originally assessed penalty was $345, and the parties proposed a payment of $258.75. Judge George A. Koutras found the settlement reasonable and in the public interest. He approved it and ordered the respondent to pay within 30 days, after which the matter would be dismissed.

Decision snapshot

  • Cited standards: None stated in the decision
  • Outcome: The settlement was approved, and El Paso Sand Products was ordered to pay $258.75.
  • Key point: The ALJ approved a reduced civil penalty after finding the proposed settlement reasonable and in the public interest.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. EL PASO SAND
DDATE:
19890213
TTEXT:

Page 2

~236
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENATY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 88-53-M
PETITIONER
A.C. No. 41-00046-05520

v. El Paso Quarry & Plant

EL PASO SAND PRODUCTS, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT
AND
ORDER TO PAY

Before: Judge Koutras

The parties have filed a motion to approve a settlement of this case. The originally assessed civil penalty assessment for the violation in question was $345, and the parties proposed to settle the matter for a civil penalty payment of $258.75. In support of their settlement proposal, the parties have submitted arguments and information for my consideration, and after due consideration of same, I conclude and find that the proposed settlement is reasonable and in the public interest. The motion IS GRANTED and the settlement IS APPROVED.

ORDER

The respondent IS ORDERED to pay $258.75 to MSHA within thirty (30) days of the date of this decision and order, and upon receipt of payment by MSHA, this matter is dismissed.

George A. Koutras
Administrative Law Judge

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