<DOC>
[DOCID: f:ct200065.wais]

 
GEORGES COLLIERS, INCORPORATED
October 17, 2001
CENT 2000-65


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, Suite 1000
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041


                        October 17, 2001

SECRETARY OF LABOR,             : CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        : Docket No. CENT 2000-65
               Petitioner       : A. C. No. 34-01787-03557
          v.                    :
                                : Docket No. CENT 2000-80
GEORGES COLLIERS, INCORPORATED, : A. C. No. 34-01787-03558
               Respondent       :
                                : Pollyanna No. 8 Mine

                             DECISION

Appearances: Christopher Grier, Esq., Office of the Solicitor, 
             U.S. Dept. of Labor, Dallas, Texas, on behalf of 
             Petitioner;
             Elizabeth M. Christian, Esq., San Antonio, Texas,
             on behalf of Respondent.

Before: Judge Melick

     These  cases  are before me upon remand for assessment of  a
civil penalty in accordance  with  Section  110(i) of the Federal
Mine  Safety  and  Health  Act  of  1977  (the  Act).   Following
supplemental  evidentiary hearings at which Respondent  presented
updated financial  documentation  and  the  testimony of Internal
Revenue Service Enrolled Agent, Rhonda Schrum  and Craig Jackson,
Respondent's President, the parties negotiated a  settlement.   A
reduction  in penalty to $742.60 was proposed.  I have considered
the representations and documentation submitted in this case, and
I conclude that  the proferred settlement is acceptable 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 $742.60, in
accordance with the following schedule:  payments of $247.53 each
within 40 days and 70 days of this order and  a  final payment of
$247.54 within 100 days of this order.


                              Gary Melick
                              Administrative Law Judge


Distribution: (By Certified Mail)

Christopher Grier, Esq., & Janice H. Mountford, Esq.,  Office  of
the  Solicitor, U.S. Dept. of Labor, 525 South Griffin St., Suite
501, Dallas, TX 75202

Elizabeth  M. Christian, Esq., 7940 Pipers Creek Road, #1812, San
Antonio, TX 78251

/mca