Peters & Garman Construction (ALJ decision, February 20, 1992)

Plain-English summary

Peters & Garman Construction and the Secretary reached settlements in two civil penalty proceedings, but the settlement papers were delayed while the operator's counsel was out of state. Judge Paul Merlin found that relief from default was warranted because default is a harsh remedy and the parties had settled the matters. He vacated the defaults, approved the settlements, and ordered the operator to pay $253 within 30 days, reduced from $267.

Decision snapshot

• Cited provision: 30 U.S.C. § 820(i).
• Outcome: Defaults were vacated, settlements were approved, and the penalty was reduced from $267 to $253.
• Key point: The judge granted relief from default after considering the parties' settlement and the statutory penalty criteria.

Full text (FMSHRC public release)

L _ ‘ . .._

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

February 20, 1992

                  SECRETARY OF LABOR,              :      CIVIL PENALTY PROCEEDINGS

MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 91-87-M Petitioner : A. C. No. 04-04684-05510 :
V. : Docket No. WEST 91-370-M
: A. C. No. 04-04684-05511
PETERS & GARMAN CONSTRUCTION, :
Respondent : Shell Lane Mine
ORDER VACATING DEFAULT
DECISION APPROVING SETTLEMENTS
These cases are now before me pursuant to Orders of the Commission dated February 11, 1992.
As stated in the Commission orders, the parties have reached a settlement in these cases but were delayed in submitting the agreements because the operator's counsel was temporarily out-of- state. Bearing in mind the Commission's repeated admonition that default is a harsh remedy and since the parties have settled these matters, I conclude that relief from default is warranted.
The parties have filed a joint motion to approve settlements in these cases. A modest reduction in penalties from $267 to $253 is proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlements are appropriate under the criteria set forth in section 110(i) of the Act.
In light of the foregoing, it is ORDERED that the defaults issued in these cases be and are hereby VACATED.
It is further ORDERED that the motion for approval of settlements be GRANTED and the operator PAY a penalty of $253 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge

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