Dixie Mining Company, Inc.

Plain-English summary

Dixie Mining Company faced a civil penalty proceeding concerning Mine No. 1. After testimony at a hearing, the parties moved to approve a settlement that reduced the proposed penalty from $500 to $150. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria and ordered the company to pay $150 within 30 days.

Decision snapshot

• Cited provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and the penalty was reduced from $500 to $150.
• Key point: The Judge approved the negotiated reduction after considering the parties' representations, documents, and hearing testimony.

Full text (FMSHRC public release)

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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. VA 92-129
Petitioner : A. C. No. 44-06533-03534
v. :
: Mine No. 1
DIXIE MINING COMPANY, INC., :
Respondent :

                DECISION APPROVING SETTLEMENT

Appearances: Javier I. Romanach, Esq., Office of the Solicitor,
U. S. Department of Labor, Arlington, Virginia, for
the Secretary;
Sam Blankenship, President, Dixie Mining Company,
Inc., Bristol, Virginia, for Respondent.

Before: Judge Maurer

 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). At hearing, on November 24, 1992,
in Abingdon, Virginia, after the completion of testimony, the
parties made a motion to approve a settlement agreement and to
dismiss the case. A reduction in penalty from $500 to $150 was
proposed. I have considered the representations, documentation
and trial testimony submitted in this case, and I conclude that
the proffered settlement is appropriate under the criteria set
forth in section 110(i) of the Mine Act.

 WHEREFORE, the motion for approval of settlement is GRANTED,

and it is ordered that respondent pay a civil penalty of $150
within 30 days of this order.

                              Roy J. Maurer
                              Administrative Law Judge

Distribution:

Javier I. Romanach, Esq., Office of the Solicitor, U. S.
Department of Labor, 4015 Wilson Boulevard, Room 516, Arlington,
VA 22203, (Certified Mail)

Mr. Sam Blankenship, President, Dixie Mining Company, Inc.,
P. O. Box 909, Bristol, VA 24203 (Certified Mail)

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