Wilmon Moore D/B/A Big Blue Trucking (ALJ decision, May 28, 1987)

Plain-English summary

Wilmon Moore, doing business as Big Blue Trucking, faced a civil penalty proceeding before the Commission. The parties proposed reducing the assessment from $450 to $150 and dismissing the case after payment. Judge Gary Melick reviewed the representations and supporting documentation, approved the settlement, and ordered payment of $150 within 30 days.

Decision snapshot

• Cited provisions: None stated in this order.
• Outcome: The settlement was approved and a $150 penalty was assessed.
• Key point: The judge approved the reduced penalty after finding the settlement appropriate under the statutory criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WILMON BLUE
DDATE:
19870528
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 87-58
PETITIONER
A.C. No. 15-07295-03502

v. Martiki Surface

WILMON MOORE D/B/A BIG BLUE
TRUCKING,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Petitioner; Wilmon Moore, Lovely, Kentucky, pro se.

Before: Judge Melick

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). At hearing Petitioner filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $450 to $150 was 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 Respondent pay a penalty of $150 within 30 days of this order.

Gary Melick
Administrative Law Judge