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WISER CONSTRUCTION LLC
August 30, 1995
WEST 94-720-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041

                           August 30, 1995


SECRETARY OF LABOR,           :    CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :    Docket No. WEST 94-720-M
               Petitioner     :    A. C. No. 42-02089-05505
          v.                  :
                              :    Wiser Portable No. 1
WISER CONSTRUCTION LLC,       :
               Respondent     :

                    DECISION APPROVING SETTLEMENT

Before: Judge Hodgdon

     This case is before me on a petition for assessment of
civil penalty under Section 105(d) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. § 815(d). The Secretary, by
counsel, has filed a motion to approve a settlement agreement.
A reduction in penalty from $4,300.00 to $2,150.00 is proposed.
Having  considered  the  representations  and  documentation 
submitted,  I  conclude  that  the  proffered  settlement  is 
appropriate under the criteria set forth in Section 110(i) of
the Act, 30 U.S.C. § 820(i).

     Accordingly, the  motion for  approval of  settlement is 
GRANTED and it is  ORDERED  that Respondent pay a  penalty of
$2,150.00 within 40 days of the date of this order. On receipt
of payment, this case is DISMISSED.


                                   T. Todd Hodgdon
                                   Administrative Law Judge
                                   (703) 756-4570


Distribution:

Kristi Floyd, Esq., Office of the Solicitor, U.S. Department 
of Labor, 1999 Broadway, Suite 1600, Denver, CO  80202-5716

Mr. Paul Ronald Lewis, Managing Member, Wiser Construction, LLC,
P.O. Box 106, Moapa, NV  89025

/lbk