[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: 30CFR100.7]

[Page 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. 100.7  Notice of proposed penalty; notice of contest.

    (a) A notice of proposed penalty will be issued and served by 
certified mail upon the party to be charged and by regular mail to the 
representative of miners at the mine after the time permitted to request 
a conference under Sec. 100.6 expires, or upon the completion of a 
conference, or upon review by MSHA of additional information submitted 
in a timely manner.
    (b) Upon receipt of the notice of proposed penalty, the party 
charged shall have 30 days to: (1) Pay the proposed assessment 
(acceptance by MSHA of payment tendered by the party charged will close 
the case); or, (2) notify MSHA in writing of the intention to contest 
the proposed penalty. The Office of Assessments shall provide a return 
mailing card with each notice of proposed penalty to be used by the 
party charged to request a hearing before the Federal Mine Safety and 
Health Review Commission under section 105 of the Act. Such a request 
must be sent to the address listed on such notification. When MSHA 
receives the notice of contest, it shall immediately advise the 
Commission of such notice, and shall promptly forward the case to the 
Office of the Solicitor. No proposed penalty which has been contested 
before the Commission, shall be compromised, mitigated or settled except 
with the approval of the Commission.
    (c) The failure to pay or to contest the proposed penalty within 30 
days of receipt of notice thereof shall result in the proposed penalty 
being deemed a final order of the Commission and not subject to review 
by any court or agency.