[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: 29CFR2704.308]

[Page 661]
 
                             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. 2704.308  Commission review.

    (a) Either the applicant or the Secretary of Labor may seek review 
by the Commission of the initial decision by the administrative law 
judge, but review shall be discretionary with the Commission.
    (b) The party seeking review shall file a petition for discretionary 
review so as to be received by the Commission at 1730 K Street NW., 
Washington, DC 20006 within 30 days of the issuance of the initial 
decision by the administrative law judge. Each issue in dispute shall be 
plainly and concisely stated, with supporting reasons set forth. Except 
for good cause shown, no issue not raised before the administrative law 
judge shall be set forth in the petition for discretionary review. 
Review by the Commission shall be granted only by affirmative vote of 
two of the Commissioners within 40 days of the issuance of the initial 
opinion, except that within 30 days after the issuance of the initial 
decision by the administrative law judge, two or more Commissioners may 
in their discretion order the case for review without the filing of a 
petition. The latter procedure shall be reserved for novel questions of 
law or policy, however.
    (c) If review of the initial decision of the administrative law 
judge is granted by the Commission, the Commission shall, after allowing 
opportunity for presentation of views by opposing parties, review the 
case and issue its own order affirming, modifying or vacating in whole 
or in part the initial decision or directing other appropriate relief.

[47 FR 10001, Mar. 9, 1982, as amended at 63 FR 63178, Nov. 12, 1998]