Walter Kuhl and Son (ALJ decision, November 1, 1994)

Plain-English summary

Walter Kuhl and Son faced a civil penalty in a Mine Act proceeding. The parties proposed reducing the penalty from $364 to $175. Judge Avram Weisberger found the settlement appropriate under the statutory penalty criteria, approved it, and ordered payment within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. § 801; 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, and the civil penalty was reduced from $364 to $175.
• Key point: The judge approved the negotiated penalty after reviewing the parties' representations and documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WALTER KUHL
DDATE:
19941101
TTEXT:

Page 2

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 93-449-M Petitioner : A.C. No. 36-07715-05501
v. :
: Kuhl Sand & Gravel Pit
WALTER KUHL AND SON,
:
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

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 $364 to $175 is proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is appropriate 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 $175 within 30 days of this Order.

Avram Weisberger
Administrative Law Judge

Distribution:

Gayle M. Green, Esq., Office of the Solicitor, U.S. Department of Labor, 3535 Market Street, Room 14480-Gateway Building, Philadelphia, PA 19104

Mr. Walter Kuhl, Kuhl Sand and Gravel, 9335 Peck Road, Erie, PA 16510

/ml