Ezel / Agency Decisions / CENT 89-6-M

Tanner Sand & Gravel (ALJ decision, June 20, 1989)

Tanner Sand & Gravel (FMSHRC CENT 89-6-M): Settlement approved and $40 penalty assessed

Decision type
ALJ decision
Docket
CENT 89-6-M
Decided
June 20, 1989
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
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 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 order, not Commission precedent
This decision by a 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

Tanner Sand & Gravel was the respondent in a Mine Act civil penalty proceeding brought by the Secretary of Labor through MSHA. The parties asked the judge to approve a settlement and dismiss the case, and the company agreed to pay the proposed $40 penalty in full. Judge Gary Melick found the settlement appropriate under the Mine Act penalty criteria, approved it, and ordered payment within 30 days.

Decision snapshot

  • Governing provisions: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, and Tanner Sand & Gravel was ordered to pay a $40 penalty within 30 days.
  • Key point: The ALJ accepted the parties' settlement after reviewing their representations and documentation under the Mine Act penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TANNER SAND & GRAVEL
DDATE:
19890620
TTEXT:

~1192
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 89-6-M
PETITIONER
A.C. No. 41-03449-05501

v. Tanner Sand & Gravel

TANNER SAND & GRAVEL,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Sara D. Smith, Esq., Office of the Solicitor U.S. Department of Labor, Dallas, Texas for the Secretary of Labor;
Mr. Sammy Tanner, pro se, Hutchins, Texas.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing Petitioner in effect moved to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $40 in full. I have considered the representations and documentation submitted in this case, and I 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 a penalty of $40 within 30 days of this order.

Gary Melick
Administrative Law Judge
(703) 756-6261

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