Stewart Kessen (ALJ decision, September 19, 1995)

Plain-English summary

Stewart Kessen Crushing faced eight proposed civil penalties totaling $3,274 for conditions cited at its operation. Judge August F. Cetti approved the parties’ settlement after finding it consistent with the Mine Act’s penalty criteria. The approved penalties totaled $2,291.80, payable within 30 days. The case was to be dismissed after payment.

Decision snapshot

• Cited standards: 30 C.F.R. § 56.4201(a)(1), § 56.9300(a), § 56.14107(a), § 56.12008, and § 56.12004
• Outcome: The settlement was approved, reducing the proposed total from $3,274 to $2,291.80.
• Key point: The judge approved the negotiated penalty amounts after finding the settlement consistent with the Mine Act’s penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-3993/FAX 303-844-5268

September 19, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 95-96-M
Petitioner : A.C. No. 02-02503-05522
:
v. : Stewart Kessen Crushing
:
STEWART KESSEN,
:
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Cetti

This case is before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). The Petitioner filed a motion to approve a settlement agreement and to dismiss the case. The citations, initial assessments and the proposed settlement amounts are as follows:

Health & Initial
Citation Safety Proposed Proposed
No. Date Standard Penalty Settlement

4335901 9/27/94 56.4201(a)(1) $ 168.00 $ 117.60
4335902 9/27/94 56.9300(a) 690.00 483.00
4335903 9/27/94 56.14107(a) 288.00 201.60
4335904 9/27/94 56.14107(a) 288.00 201.60
4335905 9/27/94 56.12008 431.00 301.70
4335907 9/27/94 56.14107(a) 288.00 201.60
4356595 9/27/94 56.9300(a) 690.00 483.00
4356597 9/27/94 56.12004 431.00 301.70

TOTALS $3,274.00 $2,291.80

Page 2

I have considered the representations and documentation sub- mitted and I conclude that the proffered settlement is consistent with the criteria in ' 110(i) of the Act.
ORDER

WHEREFORE the motion for approval of settlement is GRANTED.
RESPONDENT SHALL PAY to the Secretary of Labor the approved penalties of $2,291.80 within 30 days of this decision. Payment shall be made to Office of Assessments, Mine Safety and Health Administration, P.O. Box 360250M, Pittsburgh, Pennsylvania 15251- 6250. Upon such payment this case is dismissed.

August F. Cetti
Administrative Law Judge

Distribution:

Jeanne M. Colby, Esq., Office of the Solicitor, U.S. Department of Labor, 71 Stevenson Street, Suite 1110, San Francisco, CA 94105

W. Scott Donaldson, Esq., 5050 North 19th Avenue, Suite 409, Phoenix, AZ 85015-3209

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