<DOC>
[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