K T K Mining and Construction Company (ALJ decision, June 20, 1989)

Plain-English summary

K T K Mining and Construction Company faced five civil penalty proceedings involving its K T K No. 2 Mine. The parties proposed settlements that reduced the penalties from $3,157 to $335 for KENT 88-113, from $16,331 to $2,826 for KENT 88-114, from $80 to $13.32 for KENT 88-125, from $1,294 to $824.33 for KENT 88-130, and from $460 to $148.33 for KENT 88-141. Judge Gary Melick found the settlements appropriate under the Mine Act penalty criteria, approved them, and ordered payment within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
• Outcome: Five settlements were approved, with agreed penalties totaling $4,146.98.
• Key point: The ALJ accepted negotiated reductions across five related penalty proceedings after reviewing the parties' representations and documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. K T K MINING AND CONSTRUCTION DDATE: 19890620 TTEXT:

~1195
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 88-113
PETITIONER
A.C. No. 15-15665-03512

v. Docket No. KENT 88-114
A.C. No. 15-15665-03513
K T K MINING AND CONSTRUCTION
COMPANY,
Docket No. KENT 88-125
RESPONDENT
A.C. No. 15-15665-03514

Docket No. KENT 88-130
A.C. No. 15-15665-03515

Docket No. KENT 88-141
A.C. No. 15-15665-03516

K T K No. 2 Mine

DECISION

Appearances: W. F. Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for Petitioner;
Barbara Krause, Esq., Smith, Heenan & Althen, Washington, D.C., for Respondent.

Before: Judge Melick

These cases are before me upon petitions for civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing and post hearing Petitioner filed motions to approve settlement agreements and to dismiss the cases. The following reductions in penalty have been proposed:

Original Proposed Penalty
Agreed Penalty

Docket No. KENT 88-113 - $3,157
$ 335.00
Docket No. KENT 88-114 - 16,331
2,826.00
Docket No. KENT 88-125 - 80
13.32
Docket No. KENT 88-130 - 1,294
824.33
Docket No. KENT 88-141 - 460
148.33

I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motions for approval of settlement are GRANTED, and it is ORDERED that Respondent pay the following penalties within 30 days of this order:

Docket No. 88-113 - $ 335.00
Docket No. 88-114 - 2,826.00
Docket No. 88-125 - 13.32
Docket No. 88-130 - 824.33
Docket No. 88-141 - 148.33

Gary Melick
Administrative Law Judge
(703) 756-6261