Ezel / Agency Decisions / west-94-226-m-alj
FMSHRC ALJ decision Docket WEST 94-226-M, WEST 94-681-M Decided February 20, 1996 Settled Judge August F. Cetti

T.E. Bertagnolli & Associates

T.E. Bertagnolli & Associates (FMSHRC WEST 94-226-M): Settlement approved and hearing canceled

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This order from 1996 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1996
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

T.E. Bertagnolli & Associates and the Secretary submitted a settlement covering two consolidated civil-penalty proceedings. Judge August F. Cetti approved reduced penalties totaling $9,000 and vacated one penalty tied to Citation No. 4139747. The order dismissed the cases after payment and canceled the scheduled hearing.

Decision snapshot

  • Cited standard(s): 30 C.F.R. § 56.11001, 30 C.F.R. § 56.14109(a), 30 C.F.R. § 56.12016, 30 C.F.R. § 56.15002
  • Outcome: The settlement was approved, one citation and penalty were vacated, and $9,000 in reduced penalties was ordered paid.
  • Key point: The judge approved the parties' settlement and resolved the consolidated proceedings without a hearing.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-5266/FAX 303-844-5268

                          February 20, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 94-226-M
Petitioner : A.C. No. 26-02007-05512
:
v. : Docket No. WEST 94-681-M
: A.C. No. 26-02007-05515
T.E. BERTAGNOLLI & ASSOCIATES, :
Respondent : Bertagnolli Aggregates

                 DECISION APPROVING SETTLEMENT
                    ORDER CANCELING HEARING

Before: Judge Cetti

 The above-captioned cases are consolidated for evaluation

and disposition. Docket No. WEST 94-681-M was assigned to the
Judge on remand.

 These consolidated cases are 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). Petitioner has
filed a motion to approve a settlement agreement and to dismiss
these cases.

 In Docket No. WEST 94-226-M, under the proffered settlement,

there is a reduction of the original proposed penalties as
follows:

Docket No. WEST 94-226-M

                 Alleged Safety              Initial
               Standard Violated            Proposed      Settlement

Citation No. (CFR Title 30) Penalty Disposition

4138636 56.11001 $3,500.00 $1,750.00
4139102 56.14109(a) $1,500.00 1,000.00
4139103 56.14109(a) $1,500.00 1,000.00
4139105 56.11001 $3,500.00 1,750.00

                                               TOTAL       $5,500.00

Page 2

 In Docket No. WEST 94-681-M there is a reduction of original

penalties as follows:

Docket No. WEST 94-681-M

              Alleged Safety          Initial
            Standard Violated        Proposed       Settlement

Citation No. (CFR Title 30) Penalty Disposition

4139741 56.12016 $5,200.00 $3,500.00
4139747 56.15002 $4,600.00 Vacate

                                        TOTAL        $3,500.00


 I have considered the representations and documentation sub-

mitted in these cases and I conclude that the proffered settle-
ment is appropriate under the criteria set forth in section
110(i) of the Act.

                           ORDER

 WHEREFORE, the motion for approval of settlement is GRANTED

and Citation No. 4139747 and its proposed civil penalty are
VACATED.

 It is further ORDERED THAT THE OPERATOR PAY the approved

penalties totaling $9,000.00 to the Office of Assessments, Mine
Safety and Health Administration, P.O. Box 360250M, Pittsburgh,
Pennsylvania 15251 within 30 days of the date of this decision.
Upon such payment these cases are dismissed. In view of the
approved settlement, the hearing previously scheduled for
February 20, 1996, is CANCELED.

                                August F. Cetti
                                Administrative Law Judge

Distribution:

Susan Gillett-Kumli, Esq., Office of the Solicitor, U.S. Depart-
ment of Labor, 71 Stevenson Street, Suite 1110, San Francisco, CA
94105-2999

                             2

Page 3

N. Childress, T.E. BERTAGNOLLI & ASSOCIATES, P.O. Box 2577,
Carson City, NV 89702

/sh

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