Red Arrow Gold Corporation (ALJ decision, July 12, 1991)

Plain-English summary

Red Arrow Gold Corporation faced a civil penalty proceeding involving the Red Arrow Mine. The Secretary of Labor reported that the operator's financial situation meant the originally assessed penalties could affect its ability to remain in business. Judge August F. Cetti found the proposed settlement consistent with the Mine Act's penalty criteria, approved a $300 penalty, and ordered payment in three $100 installments due by August 12, September 12, and October 12, 1991.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and a $300 penalty was payable in three installments.
• Key point: The judge approved the reduced settlement after considering the operator's reported financial situation and supporting documentation.

Full text (FMSHRC public release)

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
The Federal Building
Room 280, 1244 Speer Boulevard
Denver, Co 80204

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 90-215-M
PETITIONER
A.C. No. 05-04228-05504
v.
RED ARROW GOLD CORPORATION,
Red Arrow Mine
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Cetti

This case is before me upon a petition for assessment of a civil penalty under 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. Petitioner has filed a motion to approve a settlement agreement and to dismiss the case.

Petitioner states that based upon documentation submitted to Petitioner, Respondent's financial situation is such that the operator's ability to remain in business would be affected by the penalty amounts originally assessed by the Petitioner. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay to the Secretary of Labor, the approved penalty of $300 which will be payable in three (3) installments of $100 each with the first installment to be paid on or before August 12, 1991, the second on or before September 12, 1991, and the last on or before October 12, 1991.

August F. Cetti
Administrative Law Judge