[DOCID: f:ct99165.wais] EARNEST YAZZIE, employed by AGRONICS, INC. April 24, 2000 CENT 99-165-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 PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. CENT 99-165-M Petitioner : A. C. No. 29-00785-05533 A v. : : Clod Buster Pit No. 1 EARNEST YAZZIE, employed by : AGRONICS, INC., : : SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. CENT 99-293-M Petitioner : A.C. No. 29-00758-05534 A v. : : Clod Buster Pit No. 1 LELAND T. TAYLOR, employed by : AGRONICS INCORPORATED, : Respondent : 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 Before commencement of hearings on March 14, 2000, a settlement conference was held on these and related cases. Following this conference and at hearings the Secretary vacated the "Section 110(c)" charges at issue herein. These proceedings were thereby rendered moot and they are therefore dismissed. ORDER Civil Penalty Proceedings Docket Nos. CENT 99-165-M and CENT 99-293-M are hereby dismissed. 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