<DOC>
[DOCID: f:se94-569.wais]

 
S & H MINING, INC.
March 30, 1995
SE 94-569


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, SUITE 1000
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                            March 30, 1995

SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. SE 94-569
                Petitioner       :  A.C. No. 40-03011-03563 S
                                 :
          v.                     :  Mine No. 7
S & H MINING, INC.,              :
                Respondent       :

                    DECISION APPROVING SETTLEMENT

Appearances:  Thomas A. Grooms, Esq., Office of the Solicitor,
              U.S. Department of Labor, Nashville, Tennessee
              for the Petitioner; Imogene A. King, Esq., Frantz,
              McConnell & Seymour, Knoxville, Tennessee for
              the 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).  Following hearings
the parties filed a joint motion to approve a settlement
agreement and to dismiss the case.  As a result of evidence
adduced at hearings and a subsequent modification of the
original citation, an increase in penalty from $2,500 to
$4,000 has been proposed.  I have considered the
representations and documentation submitted in this case,
including the evidence at hearings, 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 $4,000 within 30 days of this order.


                              Gary Melick
                              Administrative Law Judge


Distribution:

Mark R. Malecki, Esq., U.S. Department of Labor, Office of
the Solicitor, 4015 Wilson Blvd., Arlington, VA  22203

Imogene A. King, Esq., Frantz, McConnell & Seymour, P.O.
Box 39, Knoxville, TN  37901

/jf