Ezel / Agency Decisions / weva-2004-36-alj
FMSHRC ALJ decision Docket WEVA 2004-36 Decided June 8, 2005 Settled Judge T. Todd Hodgdon

Baylor Mining, Inc.

Baylor Mining (FMSHRC WEVA 2004-36): Stay lifted and $60 settlement approved

Apply this to your situation

This order from 2005 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 2005
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Baylor Mining's civil penalty case had been stayed since May 26, 2004. The Secretary moved to approve a settlement under which Baylor agreed to pay the proposed penalty in full. Judge T. Todd Hodgdon approved the settlement under the Mine Act's penalty criteria, lifted the stay, and ordered Baylor to pay $60 within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
  • Outcome: The stay was lifted, the settlement was approved, and Baylor Mining was ordered to pay $60 within 30 days.
  • Key point: The judge approved the settlement after considering the parties' representations and documentation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
601 New Jersey Avenue, N.W., Suite 9500
Washington, DC 20001

                                        June 8, 2005

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 2004-36
Petitioner : A.C. No. 46-08593-11714
:
v. :
:
BAYLOR MINING, INC., : Jim’s Branch No. 3a
Respondent :

                            ORDER LIFTING STAY
                      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). It was stayed on May
26, 2004. The Secretary, by counsel, has filed a motion to approve a settlement agreement. The
Respondent has agreed to pay the proposed penalty in full.

    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 stay is LIFTED, the motion for approval of settlement is
GRANTED and the Respondent is ORDERED TO PAY a penalty of $60.00 within 30 days of
the date of this order.

                                           T. Todd Hodgdon
                                           Administrative Law Judge

Distribution:

Robert Wilson, Esq., Jack Powasnik, Esq., Toye A. Olarinde, Esq., Office of the Solicitor, U.S.
Department of Labor, 110 Wilson Boulevard, 22nd Fl., West, Arlington, VA 22209

David J. Hardy, Esq., Spillman, Thomas & Battle, PLLC, Spillman Center, 300 Kanawha
Boulevard, East, P.O. Box 273, Charleston, WV 25321

/hs

                                     27 FMSHRC 491

Get today's answer for your situation

You just read what one judge decided for one employer in 2005, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.