[DOCID: f:s95-81m.wais] DILLINGHAM CONSTRUCTION June 2, 1995 Docket No. SE 95-81-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 June 2, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. SE 95-81-M Petitioner : A. C. No. 30-00612-05503 X7X v. : : Docket No. SE 95-113-M DILLINGHAM CONSTRUCTION : A. C. No. 38-00612-05504 X7X Respondent : : Lyman Quarry Mine DECISION APPROVING SETTLEMENT Appearances: Leslie J. Rodriguez, Esq., Office of the Solicitor, U. S. Department of Labor, Atlanta, Georgia, for the Petitioner; Mr. Joe Meyer, Dillingham Construction Company, Asheville, North Carolina, for Respondent. Before: Judge Weisberger These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). A hearing was scheduled for May 9, 1995, in Greenville, South Carolina. At the hearing, the Parties entered into a settlement agreement, and Petitioner moved to approve the settlement. A reduction in penalty from $4800 to $1200 is proposed. I have considered the representations and documentation submitted in these cases, and I 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. It is ORDERED that respondent pay a penalty of $1200 as follows: $600 is to be paid on May 9, 1995 and $600 is to be paid on June 9, 1995. Avram Weisberger Administrative Law Judge Distribution: Leslie J. Rodriguez, Esq., Office of the Solicitor, U. S. Department of Labor, 1371 Peachtree Street, NE, Room 339, Atlanta, GA 30367 (Certified Mail) Mr. Joe Meyer, Dillingham Construction Company, 340 Dillingham Circle, Asheville, NC 28805 (Certified Mail) dcp