[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: 29CFR2704.302]

[Page 660]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS--Table of Contents
 
           Subpart C--Procedures for Considering Applications
 
Sec. 2704.302  Answer to application.

    (a) Within 30 days after service of an application, counsel 
representing the Secretary of Labor may file an answer to the 
application. Unless counsel requests an extension of time for filing or 
files a statement of intent to negotiate under paragraph (b) of this 
section, failure to file an answer within the 30-day period may be 
treated as a consent to the award requested.
    (b) If counsel for the Secretary and the applicant believe that the 
issues in the fee application can be settled, they may jointly file a 
statement of their intent to negotiate a settlement. The filing of this 
statement shall extend the time for filing an answer for an additional 
30 days, and further extensions may be granted by the administrative law 
judge upon request by counsel for the Secretary and the applicant.
    (c) The answer shall explain in detail any objections to the award 
requested and identify the facts relied on in support of the position of 
the Secretary of Labor. If the answer is based on any alleged facts not 
already in the record of the underlying proceeding, counsel shall 
include with the answer either supporting affidavits or a request for 
further proceedings under Sec. 2704.306 of this part.