Contest Proceedings
Docket Nos. LAKE 2008-172R and LAKE 2008-172R are now moot and are therefore dismissed.FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE N. W., SUITE 9500
WASHINGTON, D.C. 20001
July 28, 2011
|
AMERICAN COAL COMPANY, Contestant
v.
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, (MSHA), Respondent
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, (MSHA), Petitioner
v.
AMERICAN COAL COMPANY, Respondent
|
: : : : : : : : : : : : : : : : : : : : |
CONTEST PROCEEDINGS
Docket No. LAKE 2008-172-R Order No. 6673874; 01/24/2008
Docket No. LAKE 2008-173-R Order No. 6673876; 01/24/2008
Galatia Mine 11-02752
CIVIL PENALTY PROCEEDINGS
Docket No. LAKE 2009-6 A.C. No. 11-02752-162890-01
Docket No. LAKE 2009-54 A.C. No. 11-02752-165816-01
Docket No. LAKE 2009-55 A.C. No. 11-02752-165816-02
Docket No. LAKE 2009-56 A.C. No. 11-02752-165816-03
Mine: Galatia Mine |
Appearances: Karen Wilcynski, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado on behalf of the Petitioner;
Jason W. Hardin, Esq., and Mark Kittrell, Esq., Fabian & Clendenin, Salt Lake City, Utah on behalf of the Respondent
DECISION
Before: Judge Melick
These cases are before me upon petitions for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). During hearings on April 12, 2011 and April 13, 2011 in Evansville, Indiana, the parties reached a settlement agreement as to all pending charging documents. The agreement was supplemented post-hearing. The Secretary’s rationale set forth in the supplemental motion is incorporated herein by reference. The Respondent has agreed to pay a reduced overall penalty of $163,516.00. In explaining the reduced penalties the Secretary has indicated that, in essence, upon further evaluation, she finds that there is insufficient evidence to sustain her original charges. The Secretary has also vacated Citation Number 6617943. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is acceptable under the criteria set forth in section 110(i) of the Act.
ORDER
WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED
that Respondent pay a penalty of $163,516.00, within 40 days of this order.
Contest Proceedings
Docket Nos. LAKE 2008-172R and LAKE 2008-172R are now moot and are therefore dismissed.
Gary Melick
Administrative Law Judge
202-434-9977
Distribution:
Karen E. Wilcynski, Esq., Office of the Solicitor, U.S. Department of Labor, 1999 Broadway, Suite 800, Denver, CO 80202
Jason D. Hardin, Esq., Fabian & Clendenin, 215 South State Street, Suite 1200, Salt Lake City, UT 84111-2323
Mark Kittrell, Esq., Fabian & Clendenin, 215 South State Street, Suite 1200, Salt Lake City, UT 84111-2323
/to