Agronics, Inc. (ALJ decision, April 24, 2000)

Plain-English summary

Agronics, Inc. faced civil penalty proceedings in five consolidated dockets concerning its Clod Buster Pit No. 1. After a settlement conference and hearings, the Secretary vacated three citations and proposed reducing the penalty to $17,000. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria, approved it, and ordered Agronics to pay $17,000 under the settlement terms.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, three citations were vacated, and Agronics was ordered to pay $17,000.
• Key point: The ALJ approved the parties' proposed resolution after considering the statutory civil-penalty criteria.

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

April 24, 2000

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. CENT 98-151-M
Petitioner
: A.C. No. 29-00785-05527
v. :
: Docket No. CENT 99-61-M
AGRONICS, INC.,
: A. C. No. 29-00785-05529
Respondent
:
: Docket No. CENT 99-72-M
: A. C. No. 29-00785-05528
:
: Docket No. CENT 99-73-M
: A.C. No. 29-00785-05530
:
: Docket No. CENT 99-109-M
: A. C. No. 29-00785-05531
:
: Clod Buster Pit No. 1
:

DECISION

Appearances: Erica J. Rinas, Esq., & David Q. Jones, Esq., Office of the Solicitor, U.S. Dept. of Labor, Dallas, Texas, on behalf of Petitioner;
Leland Thomas Taylor, President and Representative of Agronics, Inc., Albuquerque, New Mexico, on behalf of Respondents;
Christopher D. Shaw, Esq., Dolan & Domenici, P.C., Albuquerque, New Mexico, on behalf of Respondents.

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Before commencement of hearings on March 14, 2000, and from 8:30 a.m. to 1:00 p.m., a settlement conference was held. Hearings were thereafter held to address and confirm a motion for settlement. At hearings, Petitioner vacated Citation Nos. 7852529, 7861678 and 4450442 and a reduction in penalty to $17,000.00 was proposed. I have considered the representations and documentation submitted in these cases including those presented at hearings and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is

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ORDERED that Respondent pay a penalty of $17,000.00 in accordance with the terms set forth in the settlement agreement.

Gary Melick
Administrative Law Judge

Distribution:

Erica J. Rinas, Esq., & David Q. Jones, Esq. , Office of the Solicitor, U. S. Department of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202

Christopher D. Shaw, Esq., Dolan & Dominici, P.C., 6100 Seagull St., N.E., Suite 205, Albuquerque, NM 87109

Leland Thomas Taylor, President and Representative of Agronics, Inc., 7100-E 2nd St., N.W., Albuquerque, NM 87107

/mca

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