Winn Transportation Corp. (ALJ decision, March 7, 1995)

Plain-English summary

Winn Transportation Corp. was the respondent in a civil penalty proceeding involving the Browns Valley Mine. At the hearing, the Secretary moved to approve a settlement and dismiss the case, and the respondent agreed to pay the proposed $800 penalty. Judge Gary Melick found the settlement acceptable under the Mine Act's statutory criteria. He ordered payment within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, and the respondent was ordered to pay an $800 penalty within 30 days.
• Key point: The ALJ approved the agreed penalty after finding the settlement acceptable under the Mine Act's statutory criteria.

Full text (FMSHRC public release)

[DOCID: f:k94-1318.wais]

WINN TRANSPORTATION CORP.
March 7, 1995
KENT 94-1318

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, SUITE 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 7, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 94-1318 Petitioner : A.C. No. 15-16482-03503QVW
v. :
: Browns Valley Mine
WINN TRANSPORTATION CORP., :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for the Secretary of Labor;
Carl Boyd, Esq., Henderson, Kentucky for the Respondent.

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 Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Respondent agreed to pay the proposed penalty of $800. 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 $800 within 30 days of this order.

Gary Melick
Administrative Law Judge

Distribution:

Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Carl Boyd, Esq., 120 N. Ingram Street, Henderson, KY 42430

/jf