Earl Caudill (ALJ decision, February 28, 1995)

Plain-English summary

Earl Caudill agreed to pay a proposed civil penalty of $1,250 in a case involving the Polly #3 mine in Perry County, Kentucky. The Secretary asked the judge to approve the settlement and dismiss the case. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria. The judge approved the settlement and ordered payment within 30 days.

Decision snapshot

• Cited standard(s): The order cites the Mine Act, including 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i), but identifies no specific safety regulation.
• Outcome: Settlement approved and $1,250 penalty ordered paid.
• Key point: The judge approved the agreed penalty after finding the settlement acceptable under the statutory penalty criteria.

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

February 28, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. KENT 94-1206
Petitioner
: A.C. No. 15-16910-03533 M
v. :
: Mine: Polly #3
EARL CAUDILL, : Perry County, KY
Respondent
:

DECISION APPROVING SETTLEMENT

Appearances: Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Secretary of Labor;
Appearance waived by Earl Caudill.

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 on January 24, 1995, Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $1,250 in full. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable 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 $1,250 within 30 days of this order.

Gary Melick
Administrative Law Judge

Page 2
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Distribution:

Mark R. Malecki, Esq., Office of the Solicitor, U.S. Dept. of Labor, 4015 Wilson Blvd., Arlington, VA 22203

Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Susan E. Foster, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Marcus P. McGraw, Esq., Bryan R. Reynolds, Esq.., Greenebaum, Doll & McDonald, 1400 Vine Center Tower, Lexington, KY 40507

Mr. Leslie Sturgill, President, Switch Energy Corp., Rt.1, Box 185, Pound, VA 24279

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