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Mr. Dave McMindes -3- June 12, 1984 <br />Rule 5.04.5(21(c}'- Fault <br />Fault is divided into three separate units and carries a maximum penalty of <br />$1,500.00. <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care, no assessment for fault will be made. <br />2. If the violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an <br />assessment of at least $250.00, but not more than $750.00, will be made. <br />3. If the violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $750.00, but not more than $1,500.00, <br />will be made. <br />The drainage problems were the result of neglecting to inspect the mine for <br />maintenance items. There was no snow at the mine during the inspection yet it <br />did not appear that anyone had recently checked the mine drainage control <br />system. Therefore the maximum penalty under negligence was assessed. <br />Fault <br />Total Penalty Assessed <br />History -0- <br />Seriousness $ 500.00 <br />Fault $ 750.00 <br />Total $1,250.00 <br />$ 750.00 <br />/ep <br />Doc. No. 2017 <br />