Texas Gravel Incorporated (ALJ decision, February 17, 1994)

Plain-English summary

Texas Gravel Incorporated faced a civil penalty proceeding under the Mine Act. The parties proposed reducing the penalty from $2,372 to $1,100. Judge Avram Weisberger found the settlement appropriate under the statutory penalty criteria, approved it, and ordered payment within 30 days.

Decision snapshot

• Cited provision: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and a $1,100 penalty was assessed.
• Key point: The ALJ approved the negotiated reduction after considering the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TEXAS GRAVEL
DDATE:
19940217
TTEXT:

Page 2

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 93-103-M Petitioner : A. C. No. 41-03595-05510
v. :
: Docket No. CENT 93-104-M
TEXAS GRAVEL INCORPORATED, : A. C. No. 41-03595-05511 Respondent :
: Texas Gravel, Inc.

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

This case involves a petition for assessment of a civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a Motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $2,372 to $1,100 is proposed. 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 $1,100 within 30 days of this Order.

Avram Weisberger
Administrative Law Judge

Distribution:

O. Tanyel Harrison, Esq., Office of the Solicitor, U.S. Department of Labor, 525 South Griffin Street, Suite 501, Dallas, Texas 75202 (Certified Mail)

Toribio "Terry" Palacios, Esq., Garcia, Quintanilla & Palacios, 5528 N. 10th Street, McAllen, TX 78504 (Certified Mail)

/efw