[DOCID: f:pn99265.wais] TITO COAL April 7, 2000 PENN 99-265 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 April 7, 2000 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 99-265 Petitioner : A.C. No. 36-06815-03566 v. : : Whites Vein Slope TITO COAL, : Respondent : DECISION Appearances: Theresa C. Timlin, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania for Respondent; Gregory S. Showers, pro se, Tito Coal, Williamsburg, Pennsylvania for Respondent. Before: Judge Weisberger At the conclusion of the hearing in this case after extensive discussions, the parties entered into a settlement. A reduction in penalty from $1,000.00 to $250.00 is proposed. I have considered the Parties representations, the testimony and exhibits admitted at the hearing, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act. It is ORDERED that Respondent pay a civil penalty of $250 in five payments of $50 each, commencing October 1, 2000 and continuing each succeeding month until the entire penalty is paid. Avram Weisberger Administrative Law Judge Distribution: Theresa C. Timlin, Esq., Office of the Solicitor, U. S. Department of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104 Gregory S. Showers, Operator, Tito Coal, 118 Fairview Lane, Williamstown, PA 17098 nt