Wiser Construction LLC (ALJ decision, August 30, 1995)

Plain-English summary

The Secretary proposed a settlement reducing Wiser Construction LLC's civil penalty from $4,300 to $2,150. Judge T. Todd Hodgdon found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered the company to pay $2,150 within 40 days. The case was dismissed upon receipt of payment.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, the penalty was reduced to $2,150, and the case was dismissed upon payment.
• Key point: The judge approved a negotiated penalty reduction after considering the submitted representations and documentation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

August 30, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
:
Petitioner
: Docket No. WEST 94-720-M
: : A. C. No. 42-02089-05505
v. :
: Wiser Portable No. 1
WISER
WISER CONSTRUCTION LLC,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Hodgdon

This case is before me on a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d). The Secretary, by counsel, has filed a motion to approve a settlement agreement. A reduction in penalty from $4,300.00 to $2,150.00 is proposed. Having considered the representations and documentation submitted, I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act, 30 U.S.C. § 820(i).

Accordingly, the motion for approval of settlement is GRANTED and it is ORDERED that Respondent pay a penalty of $2,150.00 within 40 days of the date of this order. On receipt of payment, this case is DISMISSED.

T. Todd Hodgdon
Administrative Law Judge
(703) 756-4570

Distribution:

Kristi Floyd, Esq., Office of the Solicitor, U.S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716

Mr. Paul Ronald Lewis, Managing Member, Wiser Construction, LLC, P.O. Box 106, Moapa, NV 89025

/lbk