Original Sixteen to One Mine, Inc. (ALJ decision, December 3, 2002)

Plain-English summary

The Secretary of Labor brought civil penalty proceedings against Original Sixteen to One Mine, Inc. under the Mine Act. Three citations were vacated, two citations were severed and consolidated into another docket, and the Secretary proposed settlement of the remaining citations with modifications. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria and approved it. The mine was ordered to pay an $852 penalty within 40 days.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(d), 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, with a reduced total penalty of $852.
• Key point: The ALJ approved the parties' proposed settlement after citation vacations, modifications, and a penalty reduction.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
601 New Jersey Avenue, N.W., Suite 9500
Washington, D.C. 20001

December 3, 2002

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 2002-224-M
Petitioner : A. C. No. 04-01299-05542
v. :
: Docket No. WEST 2002-225-M
ORIGINAL SIXTEEN TO ONE MINE, : A. C. No. 04-01299-05543
INCORPORATED, : Sixteen To One Mine
Respondent
:

DECISION

Appearances: Matthew Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, San Francisco, California, on behalf of Petitioner;
Michael Miller, President, Original Sixteen to One Mine, Inc., Alleghany, California, on behalf of Respondent.

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Citations No. 7992100 and 7987759 have been severed from Docket No. WEST 2002-224-M and consolidated with Docket No. WEST 2002-224-M(A).

At hearings the Secretary vacated Citations No. 7992098, 7996613 and 7992158 and proposed to settle the remaining citations. Modification of certain citations and a reduction in penalty to $852.00, were proposed. I have considered the representations and documentation submitted in this case and I conclude that the proffered settlement is acceptable 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 $852.00, within 40 days of this order.

Gary Melick
Administrative Law Judge
(202) 434-9977

Distribution: (Certified Mail)

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Matthew Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, 71 Stevenson St., Suite 1110, San Francisco, CA 94105

Michael M. Miller, President, Original Sixteen to One Mine, Inc., P.O. Box 909, 527 Miners St., Alleghany, CA 95910

\mca

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