Boyer Ready Mix Sand & Rock, Incorporated (ALJ decision, September 20, 1994)

Plain-English summary

The Commission remanded Boyer Ready Mix Sand & Rock's penalty case for the ALJ to reconsider whether a default order was warranted. The parties then reached a settlement covering 14 citations, reducing the proposed penalties to $2,938. The ALJ approved the settlement under the statutory penalty criteria and ordered payment within 40 days, after which the case would be dismissed.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 2700.31 and 30 U.S.C. § 820(i)
• Outcome: Settlement was approved after remand, $2,938 in penalties was ordered, and the case was to be dismissed upon payment.
• Key point: The settlement resolved all issues after the ALJ reconsidered the earlier default posture on remand.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BOYER READY MIX SAND & ROCK DDATE: 19940920 TTEXT:

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5266/FAX (303) 844-5268

September 20, 1994

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. CENT 93-39-M
Petitioner : A.C. No. 39-01377-05503
:
v. : North Pit
:
BOYER READY MIX SAND & ROCK, :
INCORPORATED,
:
Respondent
:

DECISION APPROVING SETTLEMENT AFTER REMAND

Before: Judge Cetti

On August 5, 1994, the Commission remanded the above penalty case to the undersigned to determine whether the Order of Default issued June 28, 1994, was warranted. Respondent in its request for reconsideration alleged there had been on-going settlement discussions with the attorneys representing the Secretary of Labor and that he inadvertently neglected to respond to the show cause order.

The parties now have completed their settlement discussions and have reached an amicable settlement of all issues. Petition- er on August 23, 1994, filed a motion to approve the settlement agreement pursuant to 29 C.F.R. 2700.31 and to order payment of the amended proposed penalties in the sum of $2,938.00 within 40 days of the filing of an order approving settlement.

Under the proffered settlement there is a reduction of the initial proposed penalties as follows:

Initial
Amended
Proposed
Proposed
Citation No. Penalty Penalty

      3909396              $     252.00               $     200.00
      3909398                    595.00                     400.00
      3909400                    362.00                     290.00
      3909401                    595.00                     475.00
      3909402                    147.00                     115.00
      3909403                    168.00                     134.00
      3909404                    111.00                      89.00
      3909405                    362.00                     290.00
      3909406                    119.00                      50.00

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3909407 168.00 50.00
3909408 119.00 95.00
3909409 102.00 50.00
3909411 2,816.00 500.00
3909412 252.00 200.00

TOTAL
$2,938.00

I have considered the representations and documentation sub- mitted 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 Respondent is ORDERED TO PAY to the Secretary of Labor the approved civil penalties in the sum of $2,938.00 within 40 days of this decision. Upon receipt of payment this case is DISMISSED.

August F. Cetti
Administrative Law Judge

Distribution:

Margaret A. Miller, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716

Bill B. Boyer, President, BOYER READY MIX SAND & ROCK, INC., Rural Route 2, Box 51A, Hawarden, IA 51023

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