[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR100.6]

[Page 665-666]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 100--CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES--Table of Contents
 
Sec. 100.6  Procedures for review of citations and orders; procedures for assessment of civil penalties and conferences.

    (a) All parties shall be afforded the opportunity to review with 
MSHA each citation and order issued during an inspection.

[[Page 666]]

    (b) Upon notice by MSHA, all parties shall have 10 days within which 
to submit additional information or request a safety and health 
conference with the District Manager or designee. A conference request 
may include a request to be notified of, and to participate in, a 
conference initiated by another party.
    (c) It is within the sole discretion of MSHA to grant a request for 
a conference and to determine the nature of the conference.
    (d) When a conference is conducted, the parties may submit any 
additional relevant information relating to the violation, either prior 
to or at the conference. To expedite the conference, the official 
assigned to the case may contact the parties to discuss the issues 
involved prior to the conference.
    (e) MSHA will consider all relevant information submitted in a 
timely manner by the parties with respect to the violation. When the 
facts warrant a finding that no violation occurred, the citation or 
order will be vacated.
    (f) All citations which have been abated and all orders will be 
promptly referred by the District Manager to the Office of Assessments.
    (g) The Office of Assessments will use the citations, orders, and 
inspector's evaluation as the basis for determining the appropriate 
amount of a proposed penalty.