Earnest Yazzie, employed by Agronics, Inc. (ALJ decision, April 24, 2000)

Plain-English summary

The Secretary brought section 110(c) civil penalty proceedings involving Earnest Yazzie and Leland T. Taylor, employees associated with Agronics, Inc., in two consolidated dockets. After a settlement conference and at the hearings, the Secretary vacated the section 110(c) charges. Judge Gary Melick found that the proceedings were moot and dismissed both dockets. The order does not assess a penalty or make findings on the underlying charges.

Decision snapshot

• Governing provision: 30 U.S.C. § 820(c)
• Outcome: The consolidated CENT 99-165-M and CENT 99-293-M proceedings were dismissed after the Secretary vacated the section 110(c) charges.
• Key point: Vacating the charges made the related civil penalty proceedings moot.

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 PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. CENT 99-165-M
Petitioner : A. C. No. 29-00785-05533 A
v. :
: Clod Buster Pit No. 1
EARNEST YAZZIE, employed by
:
AGRONICS, INC.,
:
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. CENT 99-293-M
Petitioner : A.C. No. 29-00758-05534 A
v. :
: Clod Buster Pit No. 1
LELAND T. TAYLOR, employed by
:
AGRONICS INCORPORATED,
:
Respondent
:

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

Before commencement of hearings on March 14, 2000, a settlement conference was held on these and related cases. Following this conference and at hearings the Secretary vacated the “Section 110(c)” charges at issue herein. These proceedings were thereby rendered moot and they are therefore dismissed.

Page 2

ORDER

Civil Penalty Proceedings Docket Nos. CENT 99-165-M and CENT 99-293-M are hereby dismissed.

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

2