C G & G Trucking Company (ALJ decision, July 8, 1993)

Plain-English summary

C G & G Trucking Company was cited for a violation of 30 C.F.R. § 77.1607(a) at the No. 2 Tipple. The parties proposed reducing the penalty from $400 to $100 and recharacterizing the citation as non-significant and substantial. Judge Arthur J. Amchan found the settlement consistent with section 110(i) of the Mine Act, approved it, ordered payment within 30 days, and directed dismissal after payment.

Decision snapshot

• Cited standard: 30 C.F.R. § 77.1607(a)
• Outcome: The settlement was approved, the citation was recharacterized as non-significant and substantial, and a $100 penalty was ordered.
• Key point: The ALJ approved the negotiated settlement after finding it consistent with the Mine Act's section 110(i) criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. C. G. & G TRUCKING
DDATE:
19930708
TTEXT:

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 92-574
Petitioner
: A.C. No. 15-16567-03501 EHB
:
v. : MINE: No. 2 TIPPLE
:
C G & G TRUCKING COMPANY,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Before Judge Amchan:

This case is before me upon a petition for assessment of civil penalty under 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The parties have filed a motion to approve a settlement agreement and to dismiss the case. The terms of the agreement are as follows:

    Citation        Standard      Proposed Penalty              Settlement

    3215760       77.1607(a)(a)           $400                      $100*

*The citation has also been recharacterized as "non-significant and substantial."

I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalties of $100 within 30 days of this decision. Upon such payment this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge
(703) 756-4572

Distribution:

Darren L. Courtney, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 (Certified Mail)

Mr. Curtis Gayheart, C G & G Trucking Company, HCR 60, Box 1810, Pine Top, KY 41843 (Certified Mail)

/jf