Ezel / Agency Decisions / penn-99-132-alj-3
FMSHRC ALJ decision Docket CENT 99-152-RM, CENT 99-154-RM, CENT 99-195-M, CENT 99-335-M Decided June 20, 2000 Settled Judge Avram Weisberger

Reintjes of the South, Inc.

Reintjes of the South, Inc. (FMSHRC CENT 99-152-RM through CENT 99-335-M): Settlement approving $55,131 penalty

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This order from 2000 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 2000
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.
Final ALJ decision, not Commission precedent
This decision approved a settlement resolving two contest proceedings and two civil penalty proceedings, lifted the stay, and ordered payment of a $55,131 civil penalty. It became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
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

Reintjes of the South contested two citations and faced two related civil penalty proceedings involving the Ornet Corporation mine. The parties submitted a settlement under which the operator agreed to pay the full $55,131 penalty. Judge Avram Weisberger found the settlement acceptable under the Mine Act's penalty criteria, lifted the earlier stay, approved the settlement, and ordered payment within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(d) and § 820(i)
  • Outcome: The settlement was approved, the stay was lifted, and the operator was ordered to pay $55,131.
  • Key point: The ALJ accepted a full-penalty settlement after reviewing the parties' representations and supporting documentation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                                      June 20, 2000

REINTJES OF THE SOUTH, INC. : CONTEST PROCEEDINGS
Contestant :
: Docket No. CENT 99-152-RM
v. : Citation No. 7867324; 01/21/99
:
SECRETARY OF LABOR, : Docket No. CENT 99-154-RM
MINE SAFETY AND HEALTH : Citation No. 7867336; 02/02/99
ADMINISTRATION (MSHA), :
Petitioner : Ornet Corporation
: Mine ID No. 16-00354 FDP
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 99-195-M
Petitioner : A.C. No. 16-00354-05501 FDP
:
v. : Docket No. CENT 99-335-M
: A.C. No. 16-00354-05505 FDP
REINTJES OF THE SOUTH, INC., :
Respondent : Ornet Corporation

                      DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

   The Stay Order previously issued in this case on January 6, 2000, is hereby lifted.

    These cases are before me upon a petitions for assessment of civil penalty under

section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act), and notices of
contest filed by the operator. Petitioner has filed a motion to approve a settlement agreement
and to dismiss these cases. Respondent has agreed to pay the full penalty of $55,131.00. I have
considered the representations and documentation submitted in these cases, and I conclude that
the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

                                             740

Page 2

    WHEREFORE, the motion for approval of settlement is GRANTED, and it is

ORDERED that Respondent pay a penalty of $55,131.00 within 30 days of this order. It is
further ORDERED that the parties shall abide by all the terms of the settlement.

                                         Avram Weisberger
                                         Administrative Law Judge

Distribution:

Mark N. Savit, Esq., Patton Boggs, L.L.P., 2550 M Street, N.W. Washington, DC 20037-1350

Stephen E. Irving, Esq., Office of the Solicitor, U.S. Department of Labor, 525 Griffin Street,
Suite 501, Dallas, TX 75202

/sct

                                           741

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