[DOCID: f:k95-500.wais] . LARC COAL, INC. October 13, 1995 KENT 95-500 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 October 13, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 95-500 Petitioner : A.C. No. 15-17475-03519 : v. : Hatchett Mill LARC COAL, INC., : Respondent : DECISION Appearances: Thomas Grooms, Esq, Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for Petitioner; W. L. Cook, Vice President, Larc Coal, Inc., Madison, West Virginia for Respondent. 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 hearings Petitioner filed a motion to approve a settlement agreement. A reduction in penalty from $12,500 to $7,500 was proposed. I have considered the representations and documentation submitted in this case, including those representatives made at hearing, 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 $7,500 within 30 days of this order. Gary Melick Administrative Law Judge Distribution: Thomas Grooms, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 J. L. Cook, Vice President, Larc Coal, Inc., 221 Riverside Drive, Madison, WV 24130 /jf