Pyramid Mining, Incorporated

Plain-English summary

The parties settled consolidated civil penalty proceedings involving Pyramid Mining's Hall No. 2 Mine. The Secretary initially sought $1,726 in penalties, and the ALJ approved the parties' proposed reduction to $294 after considering the Mine Act's penalty factors. Pyramid Mining was ordered to pay the reduced amount within 30 days.

Decision snapshot

• Cited standards: Not specified in this settlement decision
• Outcome: The settlement was approved and total civil penalties were reduced to $294.
• Key point: The ALJ approved the negotiated reduction after considering the statutory penalty criteria.

Full text (FMSHRC public release)

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      FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

             OFFICE OF ADMINISTRATIVE LAW JUDGES
                    2 SKYLINE, 10th FLOOR
                     5203 LEESBURG PIKE
                FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 92-136
Petitioner : A. C. No. 15-11620-03527
v. :
: Docket No. KENT 92-340
PYRAMID MINING, INCORPORATED, : A. C. No. 15-11620-03528
Respondent :
: Docket No. KENT 92-341
: A. C. No. 15-11620-03529
:
: Hall No. 2 Mine

                          DECISION

Appearances: Mary Sue Taylor, Esq., Office of the Solicitor,
U.S. Department of Labor, Nashville, Tennessee,
for Petitioner;
Frank Stainback, Esq. Holbrook, Wible, Sullivan,
and Mountjoy, Owensboro, Kentucky for Respondent.

Before: Judge Weisberger

 These consolidated cases are before me based on petitions

for assessment of civil penalty filed by the Secretary of Labor
(Petitioner) alleging violations of various mandatory safety
standards. Pursuant to notice, Docket No. KENT 92-136 was
scheduled for hearing for April 1, 1992. At the hearing, the
parties settled Citation No. 9897840. A Partial Decision was
subsequently issued regarding these citations. Also, further
proceedings regarding Citation No. 3416898 were stayed pending
the filing of a Petition for Assessment of civil penalty with
regard to Citation No. 3416897. Subsequently, petitions were
filed regarding this citation (KENT 92-340), and a companion
Citation No. 3416991 (KENT 92-341). The parties engaged in
pretrial discovery, and on November 12, 1992, filed a Joint
Motion to Approve Settlement regarding citation No. 3416898
(KENT 92-136) as well as Citation Nos. 3416897 and 3416991
(Docket Nos. KENT 92-140 and KENT 92-141 respectively).

 Initially, in the respective Petitions for Assessment of

Civil Penalty, Petitioner had sought civil penalties totaling

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$1,726. In the Motion, the parties seek approval of a reduction
of penalties to $294. Based on the representatives and
assertions set forth in the Joint Motion, I conclude that the
proffered settlement is appropriate considering the factors set
forth in Section 110(i) of the Federal Mine Safety and Health Act
of 1977. I therefore approve the settlement, and grant the joint
motion.

 It is ORDERED that, within 30 days of this Decision,

Respondent shall pay civil penalties totalling $294.

                            Avram Weisberger
                            Administrative Law Judge

Distribution:

Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN
37215 (Certified Mail)

Frank Stainback, Esq., Holbrook, Wible, Sullivan, & Mountjoy,
P.S.C., 100 St. Ann Street, P.O. Box 727, Owensboro, KY 42302-
0727 (Certified Mail)

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