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[DOCID: f:kt94436.wais]

 
MESHACH COAL COMPANY
April 3, 1995
KENT 94-436


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                    
                    1730 K STREET, N.W., SUITE 600

                       WASHINGTON, D.C.  20006


                            April 3, 1995

SECRETARY OF LABOR,           :    CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :    Docket No.  KENT 94-436
          Petitioner          :    A. C. No. 15-10274-03537
                              :
          v.                  :    Mine No. 1
MESHACH COAL COMPANY,         :
  INCORPORATED,               :
          Respondent          :

                    DECISION APPROVING SETTLEMENT
                             ORDER TO PAY

Before:  Judge Merlin

     This  case  is  before me pursuant to Commission 
Order dated December 5, 1994.

     On December 7, 1994,  I issued an order vacating the 
default in this case and directing the Solicitor to advise
whether there had been a settlement in this matter and if 
so, to submit the settlement motion.  The operator advised 
in its letter to the Commission seeking relief from the 
default that a settlement was reached with a representative
from MSHA.

     The parties have now filed a joint motion to approve 
settlement for the one violation in this case.   A 
reduction in the penalty from $2,000 to $500 is proposed. 
The citation in this case was issued because the operator
failed to take a valid dust sample during a sampling cycle.
The basis for the settlement is that the operator is 
experiencing financial difficulties.   In addition, the 
parties advise that the mine is closed.

      I have reviewed the documentation and 
representations made in this case, and conclude that the 
proffered settlement is appropriate 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 the operator PAY a 
penalty of $500 within 30 days of this decision.
                     

                              Paul Merlin
                              Chief Administrative Law Judge
                

Distribution:

Donna E. Sonner, Esq., Office of the Solicitor, U. S. 
Department of Labor, 2002 Richard Jones Road, Suite B-201,
Nashville, TN  37215

Mr. Vernon Morris, President, Meshach Coal Co., Inc., 
HC 81, Box 1532, Hinkle, KY  40953