Ezel / Agency Decisions / kent-95-781-alj
FMSHRC ALJ decision Docket KENT 95-781 Decided August 9, 1996 Settled Judge Gary Melick

Glenn's Trucking Co., Inc.

Glenn's Trucking Co., Inc. (FMSHRC KENT 95-781): Settlement approved at $1,350

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This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1996
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Glenn's Trucking Co. faced a proposed civil penalty of $2,000. Judge Gary Melick approved the parties' settlement, reducing the penalty to $1,350, and ordered payment within 30 days. The order does not identify the underlying safety standard or describe the cited condition.

Decision snapshot

  • Governing provision: 30 U.S.C. § 820(i)
  • Outcome: Settlement approval was granted, and a $1,350 penalty was ordered.
  • Key point: The judge approved the documented penalty reduction under the Mine Act criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                        August 9, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 95-781
Petitioner : A.C. No. 15-11121-03504 DHO
v. :
: Roxana Plant
GLENN’S TRUCKING CO., INC., :
Respondent :

               DECISION APPROVING SETTLEMENT

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). Petitioner has filed a motion to
approve a settlement agreement and to dismiss the case. A
reduction in penalty from $2,000 to $1,350 is proposed. 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 $1,350 within
30 days of this order.

                            Gary Melick
                            Administrative Law Judge

Distribution:

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

Page 2

Mr. Glenn Baker, Glenn’s Trucking Co., Inc., 717 Kentucky Blvd.,
Hazard, KY 41701

/jf

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