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[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