[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: 30CFR43.5]

[Page 184]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 43--PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS--Table of Contents
 
                     Subpart B--Special Inspections
 
Sec. 43.5  Action by the Secretary.

    (a) As soon as possible after the receipt of a notice of alleged 
violation or imminent danger under this subpart, the Secretary or his 
authorized representative shall make a special inspection to determine 
if a citation or withdrawal order should be issued, unless on the face 
of the notice, the condition complained of, even if it were found to 
exist, would clearly not constitute a violation or imminent danger.
    (b) Where the Secretary or his authorized representative makes a 
special inspection under this subpart and finds a violation or imminent 
danger, a citation or withdrawal order, as appropriate, shall be issued.