Ideker, Inc. (ALJ decision, May 18, 1995)

Plain-English summary

Ideker, Inc. faced a civil penalty proceeding concerning the Amazonia Quarry. After an evidentiary hearing, the parties moved to approve a settlement and dismiss the case. Judge Roy J. Maurer approved a reduction in the proposed penalty from $1,000 to $500 and ordered payment within 30 days. The proceedings were to be dismissed after MSHA received payment.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, the penalty was reduced to $500, and the proceedings were ordered dismissed after payment.
• Key point: The ALJ approved the settlement after considering the parties' representations, documentation, and hearing testimony 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 94-217-M
Petitioner : A. C. No. 23-02071-05505
v. :
: Amazonia Quarry
IDEKER, INC.,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Appearances: Margaret A. Miller, Esq., Office of the Solicitor, U. S. Department of Labor, Denver, Colorado, for the Secretary;
Ken Ideker, St. Joseph, 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 $1000 to $500 is proposed. I have considered the representations and documentation submitted in this case, as well as the testimony contained in the record of 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 $500 within 30 days of the date 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

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80202-5716 (Certified Mail)

Mr. Ken Ideker, Ideker, Inc., 4614 South 40th Street, P. O. Box 7140, St. Joseph, MO 64507 (Certified Mail)

dcp

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EXHIBITS

EXHIBITS TO CENT 94-217-M (Ideker, Inc.)

Petitioner's Exhibits

Exhibit P-1 - R34- Assessed Violation History Report

Exhibit P-2 - MSHA Form 7000-3 (Mine Citation/Order)

Exhibit P-3 - Hand drawing of an intersecting conveyor belt

Exhibit P-3 - MSHA Form 7000-3 (Mine Citation/Order)

Picture 1 - Conveyor belt

Picture 2 - Conveyor belt

Picture 3 - Conveyor belt

Picture 4 - Intersecting conveyor belts

Picture 5 - Intersecting conveyor belts

Picture 6 - Intersecting conveyor belts

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