Ezel / Agency Decisions / cent-91-149-m-alj
FMSHRC ALJ decision Docket CENT 91-149-M Decided June 17, 1992 Mixed result Judge Michael A. Lasher, Jr. Transcribed from scan

Hills Materials Company

Hills Materials Company (FMSHRC CENT 91-149-M): Settlement approved and two citations modified

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This order from 1992 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 1992
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 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Hills Materials Company and the Secretary agreed to settle five violations after a hearing. Judge Michael A. Lasher, Jr. approved the settlement and modified two citations by deleting their significant-and-substantial designations. The other three citations were resolved at the penalties proposed by the Secretary. The judge assessed a total penalty of $817.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The settlement was approved, two citations were modified and otherwise affirmed, and $817 in penalties was assessed.
  • Key point: A post-hearing settlement can modify citation designations and resolve the remaining penalties by agreement.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges
THE FEDERAL BUILDING
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303)844-5266/FTS 564-5266

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. CENT 91-149-M
PETITIONER A.C. No. 39-00180-05511
v.
HILLS MATERIALS COMPANY, P. O. 1643
RESPONDENT

                               DECISION

Appearances: Susan J. Eckert, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
for Petitioner;
Edward C. Carpenter, Esq., COSTELLO, PORTER, HILL,
HEISTERKAMP & BUSHNELL, Rapid City, South Dakota,
for Respondent.

Before: Judge Lasher

 Upon motion for approval of a proposed settlement of the

five violations involved after hearing, and the same appearing
proper, the settlement is APPROVED.

 Upon evaluation of the evidence in the record, the parties

agree that two of the Citations involved should be modified and
the penalties therefor reduced. Respondent agrees to the
Petitioner's proposed penalties for the three remaining
Citations. The terms of the settlement are reflected in the order
below. The penalties agreed to by the parties are here ASSESSED.

                                ORDER

 1. Citations numbered 3629578 and 3635122 are MODIFIED to

delete the "Significant and Substantial" designations thereon and
are otherwise AFFIRMED.

 2. Respondent, if it has not previously done so, is ORDERED

TO PAY to the Secretary of Labor within 40 days from the date
hereof the sum of $817 ($20 each for Citations numbered 3629578
and 3635122 and $259 each for Citations numbered 3629575,
3629577, and 3629579).

                                  Michael A. Lasher, Jr.
                                  Administrative Law Judge

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