Ezel / Agency Decisions / CENT 94-96-M

Monarch Cement Company (ALJ decision, November 9, 1994)

Monarch Cement Company (FMSHRC CENT 94-96-M): Settlement approved and penalty reduced

Decision type
ALJ decision
Docket
CENT 94-96-M
Decided
November 9, 1994
Presiding judge
Jerold Feldman
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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.
Read the official release (fmshrc.gov)

Plain-English summary

Monarch Cement faced a civil penalty proceeding involving the Monarch Cement Mine. Judge Jerold Feldman approved the Secretary's settlement motion after reviewing the agreement and supporting documentation. The settlement reduced the proposed penalty from $506 to $350. The case was to be dismissed after the company paid the $350 penalty within 30 days.

Decision snapshot

  • Cited provision: 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, the penalty was reduced to $350, and the case was ordered dismissed after payment.
  • Key point: The judge found the proposed settlement appropriate under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

Page 2

~2292

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 PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 94-96-M Petitioner : A.C. No. 14-00124-05544 :
v. : Monarch Cement Mine
:
MONARCH CEMENT COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Feldman

This case is before me upon petition for assessment of civil penalties under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). The Secretary has filed a motion to approve a settlement agreement and to dismiss this case. A reduction in penalties from $506.00 to $350.00 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 the respondent pay a total penalty of $350.00 within 30 days of this order, and, upon receipt of payment, this matter IS DISMISSED.

Jerold Feldman
Administrative Law Judge

Distribution:

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

Mr. Daniel E. Cretiz, Monarch Cement Company, P.O. Box 1000, Humboldt, TX 66749 (Certified Mail)

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