Dover Elevator Company

Plain-English summary

Dover Elevator Company faced a civil penalty proceeding over an alleged violation of the mine safety standard for guarding moving machinery. The Secretary sought a $58 penalty for Citation No. 2584200, issued at the Rock Lick Preparation Plant. The company agreed to pay the full proposed penalty, and Judge George A. Koutras found the settlement reasonable and in the public interest. He approved the settlement and ordered payment within 30 days, after which the proceeding would be dismissed.

Decision snapshot

• Cited standards: 30 C.F.R. § 77.400(a)
• Outcome: The settlement was approved, and Dover Elevator Company was ordered to pay a $58 civil penalty.
• Key point: The ALJ approved payment of the full proposed penalty after reviewing the settlement submissions and the Mine Act penalty information.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. DOVER ELEVATOR
DDATE:
19870709
TTEXT:

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           Federal Mine Safety and Health Review Commission
                 Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEVA 86-391
PETITIONER A.C. No. 46-06448-03501 GF7

      v.                              Rock Lick Preparation Plant

DOVER ELEVATOR COMPANY,
RESPONDENT

                    DECISION APPROVING SETTLEMENT

Before: Judge Koutras

                        Statement of the Case

 This proceeding concerns a civil penalty proposal filed by

the petitioner against the respondent pursuant to section 110(a)
of the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
820(a), seeking a civil penalty assessment of $58 for an alleged
violation of mandatory safety standard 30 C.F.R. 77.400(a), as
stated in a section 104(a) Citation No. 2584200, issued to the
respondent on April 21, 1986. Petitioner has filed a motion
pursuant to Commission Rule 30, 29 C.F.R. 2700.30, seeking
approval of a proposed settlement of the case. The respondent has
agreed to pay the full amount of the proposed civil penalty
assessment.

                              Discussion

 The proposed settlement is for 100 percent of the initial

proposed civil penalty assessment for the violation in question.
In support of the proposed settlement disposition of this case,
the petitioner has submitted information pertaining to the six
statutory civil penalty criteria found in section 110(i) of the
Act. In addition, the petitioner has submitted a full discussion
and disclosure as to the facts and circumstances surrounding the
issuance of the violation in question.

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Conclusion

 After careful review and consideration of the pleadings,

arguments, and submissions in support of the motion to approve
the proposed settlement of this case, I conclude and find that
the proposed settlement disposition is reasonable and in the
public interest. Accordingly, pursuant to 29 C.F.R. 2700.30,
the motion IS GRANTED, and the settlement IS APPROVED.

                             ORDER

 Respondent IS ORDERED to pay a civil penalty in the amount

of $58 in satisfaction of the violation in question within thirty
(30) days of the date of this decision and order, and upon
receipt of payment by the petitioner, this proceeding is
dismissed.

                                George A. Koutras
                                Administrative Law Judge