.
BAYOR MINING, INC.
WEVA 2001-124-R
March 28, 2003


         FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                                 
               OFFICE OF ADMINISTRATIVE LAW JUDGES
             601 New Jersey Avenue, N.W., Suite 9500 
                       Washington, DC 20001

                         March 28, 2003
                                
                                
BAYOR MINING, INC.,             : CONTEST PROCEEDING
                   Contestant   :                        
                                : Docket No. WEVA 2001-124-R 
          v.                    : Citation No. 7188738; 9/5/01
                                :
SECRETARY OF LABOR,             :
  MINE SAFETY AND HEALTH        : Jim's Branch No. 3A      
  ADMINISTRATION (MSHA),        : Mine ID 46-08593
               Respondent       :
                                :
SECRETARY OF LABOR,             : CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        : Docket No. WEVA 2002-103
               Petitioner       :    A.C. No. 46-08593 03529
                                :
          v.                    :
                                :
BAYLOR MINING, INC.,            :    Jim's Branch No. 3A
               Respondent       :
                              
             DECISION APPROVING SETTLEMENT ON REMAND

Before: Judge Hodgdon
     
     These cases are before me on a Notice of Contest and 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).  These consolidated 
proceedings were reopened and remanded by the Commission.  Baylor Mining, 
Inc., Docket Nos. WEVA 2001-124-R and WEVA 2002-103 (May 30, 2002)
(unpublished). The Secretary, by counsel, has filed a motion to approve 
a settlement agreement. Modification of the level of negligence from 
"moderate" to "low" and modification of the descriptive narrative in 
section 8 of the citation are advanced.  In return, the Respondent has 
agreed to pay the proposed penalty in full.  

     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, the citation is MODIFIED
as indicated and the Respondent is ORDERED TO PAY a penalty of $259.00 
within 30 days of the date of this order.  In view of the settlement, 
the hearing scheduled for April 8, 2003, is CANCELED.
     

                                             T. Todd Hodgdon
                                             Administrative Law Judge
                                        

Distribution:
                              
Daniel M. Barish, Esq., Office of the Solicitor, U.S. Department of Labor, 
1100 Wilson Blvd., 22nd Floor West, Arlington, VA 22209

David J. Hardy, Esq., Spilman Thomas & Battle, PLLC, Spilman Center, 
300 Kanawha Boulevard, East, P.O. Box 273, Charleston, WV 25321

/hs


*this settlement was originally issued March 28, 2003 and a corrected 
version issued April 2, 2003. The correction had no effect on the terms 
of the settlement.