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[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