Midwest Materials Corporation

Plain-English summary

Midwest Materials Corporation was the respondent in a civil penalty proceeding involving its employee Edward Schumacher at the Lacon Plant. The parties asked the Judge to approve a settlement that reduced the penalty from $9,500 to $1,500. Judge Arthur J. Amchan found the settlement consistent with the criteria in section 110(i) of the Mine Act. The approved penalty was payable in 10 equal installments beginning within 30 days, with the full amount due if an installment was missed, and the case was to be dismissed after payment.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, reducing the penalty to $1,500 payable in 10 installments, with dismissal upon payment.
• Key point: The ALJ approved the negotiated penalty after finding it consistent with the Mine Act's statutory criteria.

Full text (FMSHRC public release)

[DOCID: f:l94-631.wais]

EDWARD SCHUMACHER
March 8, 1995
LAKE 94-631-M

       FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

             OFFICE OF ADMINISTRATIVE LAW JUDGES
                    2 SKYLINE, 10th FLOOR
                      5203 LEESBURG PIKE
                FALLS CHURCH, VIRGINIA  22041


                        March 8, 1995

SECRETARY OF LABOR : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 94-631-M
Petitioner : A.C. No. 11-02742-05518A
v. :
: Lacon Plant
EDWARD SCHUMACHER, Employed by :
MIDWEST MATERIAL CORPORATION, :
Respondent :

              DECISION APPROVING SETTLEMENT

Appearances: Lisa A. Gray, Esq., Office of the Solicitor,
U.S. Department of Labor, Chicago, Illinois,
for the Petitioner;
Thomas G. Harvel, Esq., Westervelt, Johnson,
Nicoll and Keller, Peoria, Illinois, for
Respondent.

Before: Judge Amchan

 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, 30 U.S.C. � 801 et seq. At
hearing, the parties moved to approve a settlement
agreement and to dismiss the case. The terms of the
settlement are that the penalty is reduced from $9,500
to $1,500. The penalty is payable in 10 equal
installments beginning within 30 days. The entire penalty
is due if payment of any of the installments is not made.

 I have considered the representations and

documentation submitted and I conclude that the proffered
settlement is consistent with the criteria in section
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 penalty as provided in the settlement agreement.
Upon such payment this case is DISMISSED.

                            Arthur J. Amchan
                            Administrative Law Judge

Distribution:

Lisa A. Gray, Esq., Office of the Solicitor, U.S.
Department of Labor, 8th Floor, 230 S. Dearborn St.,
Chicago, IL 60604

Thomas G. Harvel, Esq., Westervelt, Johnson, Nicoll &
Keller, 14th Floor, First Financial Plaza, 411 Hamilton
Blvd., Peoria, IL 61602-1114

/lh