Question 57 1 pts Mine Safety and Health Administration (MSHA) inspector Franklin entered mine in operated by Black Beauty. The company assigned Hammond to escort Franklin and when Franklin entered the mine, he smelled burning coal and asked miners about it. One miner said he had smelled the burning coal about 30 minutes before. Franklin proceeded and found a place where conveyor belt dumped coal onto another belt and that there was a rip in guard sheet with a pile of coal 2' x 2' x 5' packed around transfer spot. Franklin thought it had begun to burn and told Hammond to shut down belts. Hammond refused and said he didn't see evidence of re. Franklin then issued citation for "high negligence" against Black Beauty. When Black Beauty later rejected the MSHA's proposed penalty assessment. the MSHA imposed $70,000 ne due to "high negligence". O The ned was reviewed by the court and revoked. Black Beauty does not have to pay $70,000. 0 Franklin overstepped his power by requiring Hammond to completely shut down the belts. Q There was no reason for such a large ne since there had never been a fire in the mine. 0 The court did not review the ne and the determination of a $70,000 stands and Black Beauty will have to pay it. 0 All but d are correct answers. D Question 59 2 pts A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. Is this action by the company discriminatory? Edit View Insert Format Tools Table 12pt * Paragraph * B I U Av & TV :Question 60 2 pts If it is discriminatory, name the kind of discrimination this is (theory) and why it is discriminatory. If it is not discriminatory. explain why these actions are acceptable at law. Edit View Insert Format Tools Table Lil Question 61 4 pts The EPA is concerned that Lancer Chemicals is improperly dumping its waste during the night in abandoned, open areas, known as "midnight dumping". The EPA investigators took infrared photographs of the dumping, plus taped conversations recorded by listening devices (placed on the outside of the Lancer building) of conversations by workers of the illegal dumping. This evidence was used against Lancer at an administrative hearing. Lancer argued that the evidence should be withheld, as it was a warrantless search and seizure under the 4th amendment since the EPA investigators used infrared cameras in the dumping area and recorded through listening devices that penetrated the walls. If appealed properly through the EPA and then the case goes to court, what will the court hold regarding these actions by the EPA? Edit View Insert Format Tools Table 12ptV ParagraphV B I U v v Tzv Question 62 2 pts An environmental group sued the US. government for giving aid to industrialize a rain forest area in Peru that would endanger the rare speckled-eyed hummingbird. They contended that giving foreign aid will be in violation of the Endangered Species Act. What will the court hold in this case? D Question 63 2 pts What will be the rationale of the court in its holding? Edit View Insert Format Tools Table 12pt * Paragraph BI U A & TV