[DOCID: f:ct98151.wais] AGRONICS, INC. April 24, 2000 CENT 98-151-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 April 24, 2000 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. CENT 98-151-M Petitioner : A.C. No. 29-00785-05527 v. : : Docket No. CENT 99-61-M AGRONICS, INC., : A. C. No. 29-00785-05529 Respondent : : Docket No. CENT 99-72-M : A. C. No. 29-00785-05528 : : Docket No. CENT 99-73-M : A.C. No. 29-00785-05530 : : Docket No. CENT 99-109-M : A. C. No. 29-00785-05531 : : Clod Buster Pit No. 1 : DECISION Appearances: Erica J. Rinas, Esq., & David Q. Jones, Esq., Office of the Solicitor, U.S. Dept. of Labor, Dallas, Texas, on behalf of Petitioner; Leland Thomas Taylor, President and Representative of Agronics, Inc., Albuquerque, New Mexico, on behalf of Respondents; Christopher D. Shaw, Esq., Dolan & Domenici, P.C., Albuquerque, New Mexico, on behalf of Respondents. 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). Before commencement of hearings on March 14, 2000, and from 8:30 a.m. to 1:00 p.m., a settlement conference was held. Hearings were thereafter held to address and confirm a motion for settlement. At hearings, Petitioner vacated Citation Nos. 7852529, 7861678 and 4450442 and a reduction in penalty to $17,000.00 was proposed. I have considered the representations and documentation submitted in these cases including those presented at hearings and I conclude that the proffered 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 $17,000.00 in accordance with the terms set forth in the settlement agreement. Gary Melick Administrative Law Judge Distribution: Erica J. Rinas, Esq., & David Q. Jones, Esq. , Office of the Solicitor, U. S. Department of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202 Christopher D. Shaw, Esq., Dolan & Dominici, P.C., 6100 Seagull St., N.E., Suite 205, Albuquerque, NM 87109 Leland Thomas Taylor, President and Representative of Agronics, Inc., 7100-E 2nd St., N.W., Albuquerque, NM 87107 /mca