Fielding Hydroseeding (ALJ decision, March 13, 1995)

Fielding Hydroseeding (FMSHRC WEVA 94-80): Settlement reduced penalties to $5,000

Decision type

ALJ decision

Docket

WEVA 94-80

Decided

March 13, 1995

Presiding judge

Arthur J. Amchan

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-13

Cited standards

30 U.S.C. § 815(d) 30 U.S.C. § 820(i)

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1995 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.

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

Fielding Hydroseeding faced a civil penalty proceeding involving the Murphy No. 1 Prep Plant. The Secretary of Labor and the company proposed a settlement that reduced the total penalties from $6,000 to $5,000, payable under an installment plan. Judge Arthur J. Amchan found the settlement consistent with the Mine Act's penalty criteria, approved it, and ordered dismissal after payment.

Decision snapshot

Cited standard(s): 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
Outcome: The settlement was approved, reducing the proposed penalties to $5,000, with dismissal upon payment.
Key point: The judge approved the reduced penalty after reviewing the settlement terms and supporting 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

March 13, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEVA 94-80
Petitioner
: A.C. No. 46-08122-03502 NFZ
v. :
: Mine: Murphy No. 1 Prep Plant
FIELDING HYDROSEEDING,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Amchan

This case is before me upon petition for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. ' 801 et seq. The Secretary of Labor has filed a motion to approve a settlement agreement. The terms of the settlement are that the total proposed penalties are reduced from $6,000 to $5,000. Petitioner represents that Respondent has agreed to pay this amount in an installment payment plan specified in the settlement agreement.

I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

Page 2

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalties in accordance with the terms of the settlement agreement. Upon such payment this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge

Distribution:

Javier I. Romanach, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Suite 516, Arlington, VA 22203

M. Timothy Koontz, Esq., 242 East Second Ave., P.O. Box 2180, Williamson, WV 25661

/lh

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

Checks the law as it stands today, not only this page
Cites every source it relies on, so you can verify it
Chat, drafting and research in one workspace