[DOCID: f:k94-1206.wais] EARL CAUDILL February 28, 1995 KENT 94-1206 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 February 28, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-1206 Petitioner : A.C. No. 15-16910-03533 M v. : : Mine: Polly #3 EARL CAUDILL, : Perry County, KY Respondent : DECISION APPROVING SETTLEMENT Appearances: Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Secretary of Labor; Appearance waived by Earl Caudill. Before: Judge Melick This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing on January 24, 1995, Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $1,250 in full. I have considered the representations and documentation submitted in this case, 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 $1,250 within 30 days of this order. Gary Melick Administrative Law Judge Distribution: Mark R. Malecki, Esq., Office of the Solicitor, U.S. Dept. of Labor, 4015 Wilson Blvd., Arlington, VA 22203 Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 Susan E. Foster, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 Marcus P. McGraw, Esq., Bryan R. Reynolds, Esq.., Greenebaum, Doll & McDonald, 1400 Vine Center Tower, Lexington, KY 40507 Mr. Leslie Sturgill, President, Switch Energy Corp., Rt.1, Box 185, Pound, VA 24279 /jf