<DOC>
[DOCID: f:c94-217m.wais]

 
IDEKER, INC.
May 18, 1995
CENT 94-217-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                             May 18, 1995

SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. CENT 94-217-M
                Petitioner       :  A. C. No. 23-02071-05505
                                 :
          v.                     :
                                 :
IDEKER, INC.,                    :  Amazonia Quarry
                Respondent       :

                    DECISION APPROVING SETTLEMENT

Appearances:  Margaret A. Miller, Esq., Office of  the Solicitor,
              U. S. Department of Labor, Denver, Colorado, for
              the Secretary; Ken Ideker, St. Joseph, Missouri,
              pro se.

Before:  Judge Maurer

     This case is before me upon a petition for assessment of
civil penalty under section 105(d) of the Federal Mine Safety
and Health Act of 1977 (the Act).  An evidentiary hearing in
this matter was held on March 2, 1995, in St. Joseph, Missouri.
At the conclusion of that hearing, the parties filed a motion
to approve a settlement agreement and to dismiss this case.  A
reduction in penalty from $1000 to $500 is proposed.  I have
considered the representations and documentation submitted in
this case, as well as the testimony contained in the record
of proceedings and I conclude that the proffered settlement
is appropriate under the criteria set forth in section 110(i)
of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it is ORDERED that respondent pay a penalty of $500 within
30 days of the date of this decision, and upon receipt of that
payment by MSHA, these proceedings are DISMISSED.


                              Roy J. Maurer
                              Administrative Law Judge



Distribution:

Margaret A. Miller, Esq., Office of the Solicitor, U. S.
Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-
5716 (Certified Mail)

Mr. Ken Ideker, Ideker, Inc., 4614 South 40th Street, P. O. Box
7140, St. Joseph, MO 64507 (Certified Mail)

/dcp


                               EXHIBITS



               EXHIBITS TO CENT 94-217-M (Ideker, Inc.)

Petitioner's Exhibits

     Exhibit P-1 - R34- Assessed Violation History Report

     Exhibit P-2 - MSHA Form 7000-3 (Mine Citation/Order)

     Exhibit P-3 - Hand drawing of an intersecting conveyor belt

     Exhibit P-3 - MSHA Form 7000-3 (Mine Citation/Order)

     Picture 1 - Conveyor belt

     Picture 2 - Conveyor belt

     Picture 3 - Conveyor belt

     Picture 4 - Intersecting conveyor belts

     Picture 5 - Intersecting conveyor belts

     Picture 6 - Intersecting conveyor belts