K C Mining Company (ALJ decision, October 9, 1986)

Plain-English summary

K C Mining Company and the Secretary of Labor jointly asked Judge Roy J. Maurer to approve a settlement of a civil penalty case. The violation had been assessed at $478, and the company agreed to pay that full amount in four installments from October 1986 through January 1987. After considering the Mine Act's penalty criteria, the judge approved the agreement. He ordered payment of $478 under the schedule and dismissed the proceeding upon payment in full. The decision does not identify the cited safety standard.

Decision snapshot

• Cited provision(s): 30 U.S.C. §§ 815(d) and 820(i); the underlying safety standard is not identified.
• Outcome: The $478 settlement was approved, payable in four installments; dismissal follows full payment.
• Key point: The judge approved payment of the full assessed penalty on an installment schedule.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. K C MINING
DDATE:
19861009
TTEXT:

~1527

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 86-62
PETITIONER
A.C. No. 40-02876-03503

v. No. 1 Mine

K C MINING COMPANY,
RESPONDENT

DECISION

Appearances: Mary Sue Ray, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Petitioner;
Archie Ketchersid, Whitwell, Tennessee, for Respondent.

Before: Judge Maurer

This case is before me upon a petition for assessment of a civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). On the record at the hearing on September 18, 1986, at Nashville, Tennessee, the parties jointly moved for approval of a settlement agreement and dismissal of the case. The violation in this case was originally assessed at $478 and the respondent has agreed to remit the full amount in installments of $150, commencing on October 1, 1986, with a second $150 installment on November 1, 1986, a third on December 1, 1986, and a final payment of $28 on January 1, 1987.

I have considered the representations and documentation submitted in this case, 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 a settlement is GRANTED, and it is ORDERED that respondent pay a penalty of $478 as set out above. Upon payment in full, this proceeding is DISMISSED.

Roy J. Maurer
Administrative Law Judge