[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2700.40]

[Page 636]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2700--PROCEDURAL RULES--Table of Contents
 
   Subpart E--Complaints of Discharge, Discrimination or Interference
 
Sec. 2700.40  Who may file.


    (a) The Secretary. A discrimination complaint under section 
105(c)(2) of the Act, 30 U.S.C. 815(c)(2), shall be filed by the 
Secretary if, after an investigation conducted pursuant to section 
105(c)(2), the Secretary determines that a violation of section 
105(c)(1), 30 U.S.C. 815(c)(1), has occurred.
    (b) Miner, representative of miners, or applicant for employment. A 
discrimination complaint under section 105(c)(3) of the Act, 30 U.S.C. 
815(c)(3), may be filed by the complaining miner, representative of 
miners, or applicant for employment if the Secretary, after 
investigation, has determined that the provisions of section 105(c)(1) 
of the Act, 30 U.S.C. 815(c)(1), have not been violated.