concurring and dissenting.
I concur in the panel’s determination of a violation although I feel that the decision of the administrative law judge is not supported by very strong evidence. Because we must abide by the substantial evidence rule I do not feel we can reverse the determination of liability.
However, I am satisfied that the administrative law judge did not comply with the provisions of the Act and assessed a far greater penalty than the facts and circumstances justify. I would return the case for a redetermination of the penalty.