[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: 29CFR2700.44]

[Page 637]
 
                             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. 2700.44  Petition for assessment of penalty in discrimination cases.

    (a) Petition for assessment of penalty in Secretary's complaint. A 
discrimination complaint filed by the Secretary shall propose a civil 
penalty of a specific amount for the alleged violation of section 105(c) 
of the Act, 30 U.S.C. 815(c). The petition for assessment of penalty 
shall include a short and plain statement of supporting reasons based on 
the criteria for penalty assessment set forth in section 110(i) of the 
Act. 30 U.S.C. 820(i).
    (b) Petition for assessment of penalty after sustaining of complaint 
by miner, representative of miners, or applicant for employment. 
Immediately upon issuance of a decision by a Judge sustaining a 
discrimination complaint brought pursuant to section 105(c)(3), 30 
U.S.C. 815(c)(3), the Judge shall notify the Secretary in writing of 
such determination. The Secretary shall file with the Commission a 
petition for assessment of civil penalty within 45 days of receipt of 
such notice.