Sandy Jones Construction (ALJ decision, September 20, 1995)

Plain-English summary

Sandy Jones Construction faced a proposed $4,000 civil penalty for a mine safety violation at the Sedillo Hill operation. Judge George A. Koutras approved a settlement reducing the penalty to $1,500 after the Secretary explained that the cited standard was subject to differing interpretations and that the violation’s gravity could not be shown to be extraordinarily high. The operator was ordered to pay within 30 days, after which the matter would be dismissed.

Decision snapshot

• Governing rule and authority: 29 C.F.R. § 2700.31; 30 U.S.C. § 820(i)
• Outcome: The settlement was approved and the penalty was reduced from $4,000 to $1,500.
• Key point: A supported settlement may reduce a proposed civil penalty when the agency explains the uncertainty and penalty considerations.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

September 20, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 94-104-M Petitioner : A.C. No. 29-01380-05501 FRT
v. :
: Sedillo Hill
SANDY JONES CONSTRUCTION, :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Koutras

The petitioner has filed a motion pursuant to Commission Rule 31, 29 C.F.R. § 2700.31, seeking approval of a proposed settlement of this matter. The initial proposed civil penalty assessment for the contested violation is $4,000, and the respondent has agreed to settle the matter by paying a civil penalty assessment of $1,500. In support of the proposed settlement, the petitioner has submitted information pertaining to the six statutory civil penalty assessment criteria found in section 110(i) of the Act, a discussion of the violation in question, and a reasonable justification for the reduction of the initial proposed civil penalty assessment.

The petitioner states that the mandatory standard under which the respondent was cited is subject to varying inter- pretations and that it cannot establish that the gravity associated with the violation was extraordinarily high. Under the circumstances, the petitioner believes that a reduction of the initially specially assessed penalty is warranted.

Conclusion

After careful review and consideration of the pleadings, arguments, and submissions in support of the motion to approve the proposed settlement of this case, I conclude and find that the proposed settlement disposition is reasonable and in the public interest. Accordingly, pursuant to 29 C.F.R. § 2700.31, the motion IS GRANTED, and the settlement IS APPROVED.

ORDER

The respondent IS ORDERED to pay a civil penalty assessment in the amount of $1,500, in satisfaction of the violation in question. Payment is to be made to MSHA within thirty (30) days of the date of this decision and order, and upon receipt of pay- ment, this matter IS DISMISSED.

George A. Koutras
Administrative Law Judge

Distribution:

Mary K. Schopmeyer, Esq., Office of the Solicitor, U.S. Department of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202

Ray Carroll Jones, Owner, Sandy Jones Construction, HCR Box 155, Williamsburg, NM 87942

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