<DOC>
[DOCID: f:ct99220.wais]

 
ALLIED CUSTOM GYPSUM, INC.
January 5, 2000
CENT 99-220-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 Skyline, Suite 1000
                       5203 Leesburg Pike
                  Falls Church, Virginia 22041


                         January 5, 2000

SECRETARY OF LABOR,             : CIVIL PENALTY PROCEEDING
     MINE SAFETY AND HEALTH     :
     ADMINISTRATION (MSHA),     : Docket No.  CENT 99-220-M
               Petitioner       : A. C. No.  34-01348-05524
          v.                    :
                                : Bessie Plant Allied
ALLIED CUSTOM GYPSUM, INC.,     :
               Respondent       :

                            DECISION

Appearances: Raquel Tamez, Esq., Office of the Solicitor, 
             U.S. Department of Labor, Dallas, Texas, for
             Petitioner;
             Peter T. VanDyke, Esq., McAfee & Taft, P.C., 
             Oklahoma City, Oklahoma, for Respondent.

Before: Judge Hodgdon

     This case is before me on a Petition for Assessment of Civil
Penalty filed by the Secretary of Labor, acting  through her Mine
Safety and Health Administration (MSHA), against   Allied  Custom
Gypsum,  Inc., pursuant to section 105 of the Federal Mine Safety
and Health  Act  of  1977, 30 U.S.C. � 815.  The petition alleges
eight violations of the  Secretary's  mandatory health and safety
standards and seeks a penalty of $535.00.   A hearing was held in
Oklahoma  City,  Oklahoma.  For the reasons set  forth  below,  I
affirm the citations and assess a penalty of $440.00.

     At the beginning  of  the case, the parties stated that they
had settled the case.  The agreement  provides that Citation Nos.
4460236, 4460238 and 4460239 will be modified by the Secretary to
delete the "significant and substantial"  designations  and  that
the  penalties  for  those  three  citations will be reduced from
$66.00, $97.00 and $97.00, respectively, to $55.00 each.  (Tr. 7-
8.)  The Respondent agreed to pay the  proposed  penalty  for the
five remaining citations in full.

                              Order

     Having  considered  the  representations  and  documentation
submitted,  I  conclude that the settlement is appropriate  under
the criteria set  forth  in  section 110(i) of the Act, 30 U.S.C.
� 820(i).   Accordingly,  the  settlement  is  approved  and  the
Respondent is ORDERED TO PAY a civil penalty of $440.00 within 30
days of the date of this decision.


                              T. Todd Hodgdon
                              Administrative Law Judge


Distribution:

Raquel Tamez, Esq., Office of the  Solicitor,  U.S. Department of
Labor,  525  S.  Griffin  Street,  Suite  501, Dallas,  TX  75202
(Certified Mail)

Peter  T.  Van Dyke, Esq., McAfee & Taft, Two  Leadership  Tower,
10th  Floor,  211  N.  Robinson,  Oklahoma  City,  OK  71102-7103
(Certified Mail)

/nj