Fred Jones, Employed by Christian Energies, Incorporated (ALJ decision, March 8, 1993)

Plain-English summary

Fred Jones, employed by Christian Energies, faced a civil penalty proceeding involving Christian Energies No. 2 Mine. Judge Roy J. Maurer approved a settlement that reduced the proposed penalty from $11,400 to $2,800 because of Jones's limited financial resources. The penalty was payable in 14 equal monthly installments of $200, beginning within 30 days of the order.

Decision snapshot

• Cited standard(s): The order does not identify a specific mine-safety standard. It cites Mine Act sections 110(c) and 110(i).
• Outcome: The settlement was approved and a $2,800 penalty was ordered in monthly installments.
• Key point: A respondent's limited financial resources may support a substantial reduction in a negotiated penalty.

Full text (FMSHRC public release)

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 PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 92-415 Petitioner : A. C. No. 15-16448-03562 A
v. :
: Christian Energies No. 2
FRED JONES, EMP. BY CHRISTIAN :
ENERGIES, INC.,
:
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: J. Philip Smith, Esq., Office of the Solicitor, U. S. Department of Labor, Arlington, Virginia, for the Secretary;
Mr. Fred Jones, Williamsburg, Kentucky, pro se.

Before: Judge Maurer

This case is before me upon a petition for assessment of civil penalty under section 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing, on January 27, 1993, in London, Kentucky, petitioner filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $11,400 to $2800 was proposed because of the limited financial resources of the respondent. I have considered the representations and documentation submitted in this case, including the representations on the record at hearing, 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 $2800 in 14 equal monthly installments of $200 each, beginning within 30 days of the date of this order, and continuing until paid in full.

Roy J. Maurer
Administrative Law Judge

Distribution:

J. Philip Smith, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, 4th Floor, Arlington, VA 22203 (Certified Mail)

Mr. Fred Jones, 3707 Lot Mud Creek Road, Williamsburg, KY 40769 (Certified Mail)

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