Pierce Sand Company (ALJ decision, May 18, 1995)

Plain-English summary

Pierce Sand Company faced a civil penalty proceeding involving eight citations. The parties proposed reducing the combined assessments from $862 to $556. Judge Roy J. Maurer approved the settlement after considering the parties' representations, documentation, and hearing testimony. The company was ordered to pay $556 within 30 days, after which the proceedings would be dismissed.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, reducing the combined penalty from $862 to $556, with dismissal after payment.
• Key point: The ALJ approved the negotiated amounts under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

May 18, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. CENT 94-212-M
Petitioner : A. C. No. 23-01557-05512
v. :
: Pierce Sand Company
PIERCE SAND COMPANY,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Appearances: Margaret A. Miller, Esq., Office of the Solicitor, U. S. Department of Labor, Denver, Colorado, for the Secretary;
Bob Pierce, Stanberry, Missouri, pro se.

Before: Judge Maurer

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). An evidentiary hearing in this matter was held on March 2, 1995, in St. Joseph, Missouri. At the conclusion of that hearing, the parties filed a motion to approve a settlement agreement and to dismiss this case. A reduction in penalty from $862 to $556 is proposed. The citations, initial assessments, and the proposed settlement amounts are as follows:

INITIAL
PROPOSED
CITATION NO. ASSESSMENT SETTLEMENT

4321896 $ 204 $ 102 4321897 50 50 4321898 50 50 4321899 204 102 4321900 50 50 4322041 50 50 4322042 50 50 4322043 204 102

TOTAL $ 862 $ 556

I have considered the representations and documentation submitted in this case, as well as the testimony contained in the record of

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proceedings 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 $556 within 30 days of this decision, and upon receipt of that payment by MSHA, these proceedings are DISMISSED.

Roy J. Maurer
Administrative Law Judge

Distribution:

Margaret A. Miller, Esq., Office of the Solicitor, U. S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716 (Certified Mail)

Bob Pierce, Owner, Pierce Sand Company, 111 East Main, Stanberry, MO 64489 (Certified Mail)

dcp

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