[DOCID: f:se94-570.wais] S & H MINING CO March 30, 1995 SE 94-570 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 94-570 Petitioner : A.C. No. 40-03011-03562 M : v. : : GARY BYRGE, Employed by S & H : MINING CO. : Respondent : Mine No. 7 DECISION APPROVING SETTLEMENT Appearances: Mark R. Malecki, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia for the Petitioner; Gary Byrge, Oliver Springs, Tennessee, pro se. This case is before me upon a petition for assessment of civil penalty under Section 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing Petitioner filed a motion to approve a settlement agreement in which Respondent agreed to pay the proposed penalty of $1,000 in full. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable under the relevant 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 $1,000 in 6 months installments as set forth in the agreement. 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 Marcus P. McGraw, Esq., Bryan R. Reynolds, Esq., Greenebaum, Doll & McDonald, 1400 Vine Center Tower, Lexington, KY 40507 /jf