Glenn's Trucking Co., Inc. (ALJ decision, August 9, 1996)

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

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

/jf

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