[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