SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 2004-36
Petitioner : A.C. No. 46-08593-11714
:
v. :
:
BAYLOR MINING, INC., : Jim's Branch No. 3a
Respondent :
ORDER LIFTING STAY
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). It was stayed on May 26, 2004. The Secretary, by counsel, has filed a motion to approve a settlement agreement. 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 stay is LIFTED, the motion for approval of settlement is GRANTED and the Respondent is ORDERED TO PAY a penalty of $60.00 within 30 days of the date of this order.
T. Todd Hodgdon
Administrative Law Judge
Distribution:
Robert Wilson, Esq., Jack Powasnik, Esq., Toye A. Olarinde, Esq., Office of the Solicitor, U.S. Department of Labor, 110 Wilson Boulevard, 22nd Fl., West, Arlington, VA 22209
David J. Hardy, Esq., Spillman, Thomas & Battle, PLLC, Spillman Center, 300 Kanawha Boulevard, East, P.O. Box 273, Charleston, WV 25321
/hs