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[DOCID: f:c94-104m.wais]

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SANDY JONES CONSTRUCTION
September 20, 1995
CENT 94-104-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                          September 20, 1995

SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. CENT 94-104-M
                Petitioner       :  A.C. No. 29-01380-05501 FRT
                                 :
           v.                    :  Sedillo Hill
SANDY JONES CONSTRUCTION,        :
                Respondent       :

                    DECISION APPROVING SETTLEMENT

Before:  Judge Koutras

     The petitioner has filed a motion pursuant to Commission
Rule 31, 29 C.F.R. § 2700.31, seeking approval of a proposed
settlement of this matter.  The initial proposed civil penalty
assessment for the contested violation is $4,000, and the
respondent has agreed to settle the matter by paying a civil
penalty assessment of $1,500.  In support of the proposed
settlement, the petitioner has submitted information pertaining
to the six statutory civil penalty assessment criteria found
in section 110(i) of the Act, a discussion of the violation in
question, and a reasonable justification for the reduction of
the initial proposed civil penalty assessment.

     The petitioner states that the mandatory standard under
which the respondent was cited is subject to varying
interpretations and that it cannot establish that the gravity
associated with the violation was extraordinarily high.  Under
the circumstances, the petitioner believes that a reduction
of the initially specially assessed penalty is warranted.

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. § 2700.31,
the motion IS GRANTED, and the settlement IS APPROVED.

                                ORDER

     The respondent IS ORDERED to pay a civil penalty assessment
in the amount of $1,500, in satisfaction of the violation in
question.  Payment is to be made to MSHA within thirty (30) days
of the date of this decision and order, and upon receipt of
payment, this matter IS DISMISSED.


                                 George A. Koutras
                                 Administrative Law Judge

Distribution:

Mary K. Schopmeyer, Esq., Office of the Solicitor, U.S. Department
of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202

Ray Carroll Jones, Owner, Sandy Jones Construction, HCR Box 155,
Williamsburg, NM 87942

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