Secretary of Labor v. Paul Douglas Gregory and Frank Thomas Knight (ALJ decision, March 25, 1985)
Secretary of Labor v. Paul Douglas Gregory and Frank Thomas Knight (FMSHRC KENT 85-49): Individual penalty settlements approved
Apply this to your situation
This order from 1985 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.
Plain-English summary
The Secretary of Labor sought individual civil penalties against Paul Douglas Gregory and Frank Thomas Knight under section 110(c) of the Mine Act. Both respondents agreed to pay the proposed $500 penalty. Judge Gary Melick reviewed the settlement submissions and found the agreements appropriate under the Act. He approved the settlements, ordered each respondent to pay $500 within 30 days, and canceled the scheduled hearings. The decision does not identify the underlying mine safety standards or describe the alleged conduct.
Decision snapshot
- Cited standard: No specific mine safety standard is identified in this decision; the petitions arose under section 110(c) of the Mine Act.
- Outcome: Settlements approved; each respondent ordered to pay $500 within 30 days.
- Key point: The judge approved the agreed individual penalties and dismissed the need for hearings.
Full text (FMSHRC public release)
CCASE:
SOL (MSHA) V. P.D.GREGORY & F.T.KNIGHT
DDATE:
19850325
TTEXT:
~430
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 85-49
PETITIONER
A.C. No. 15-02709-03598-A
v.
Docket No. KENT 85-50
PAUL DOUGLAS GREGORY,
A.C. No. 15-02709-03599-A
FRANK THOMAS KNIGHT,
RESPONDENTS
Camp No. 1 Mine
DECISION APPROVING SETTLEMENT
Before: Judge Melick
These cases are before me upon petitions for assessment of civil penalty under Section 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed motions to approve settlement agreements and to dismiss the cases. The individual respondents have agreed to pay the proposed penalties of $500 each. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlements are appropriate under the Act.
WHEREFORE, the motions for approval of settlements are GRANTED, and it is ORDERED that Respondents Paul Douglas Gregory and Frank Thomas Knight each pay a penalty of $500 within 30 days of this order. The hearings previously scheduled for April 1, 1985 are accordingly cancelled.
Gary Melick
Administrative Law Judge (703) 756-6261
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