[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: 30CFR44.14]

[Page 188]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
       Subpart B--Initial Procedure for Petitions for Modification
 
Sec. 44.14  Request for hearing

    A request for hearing filed in accordance with Sec. 44.13 of this 
part must be filed within 30 days after service of the proposed decision 
and shall include:
    (a) A concise summary of position on the issues of fact or law 
desired to be raised by the party requesting the hearing, including 
specific objections to the proposed decision. A party other than 
petitioner who has requested a hearing shall also comment upon all 
issues of fact or law presented in the petition, and
    (b) An indication of a desired hearing site.
    (c) Partial appeal. (1) If the Administrator has issued a proposed 
decision and order granting the requested modification, a request for 
hearing on the proposed decision and order may be made by any party 
based upon objection to one or more of the terms and conditions of the 
Administrator's proposed decision and order. If such a request for 
hearing is made, the request should specify which of the terms and 
conditions should be the subject of the hearing.
    (2) During the pendency of the partial appeal, the proposed decision 
and order of the Administrator will become final on the 30th day after 
service thereof, unless a request for hearing on the proposed decision 
and order is filed in accordance with paragraph (a) of this section by 
any other party. The decision and order will remain in effect as 
proposed by the Administrator until the terms and conditions for which 
the hearing was requested are modified, affirmed, or set aside by a 
final order of the presiding administrative law judge or the Assistant 
Secretary. The presiding administrative law judge shall take such action 
upon a determination of whether--
    (i) The terms and conditions for which the hearing was requested are 
necessary to ensure that the alternative method of achieving the result 
of the standard will at all times guarantee to the miners at the mine at 
least the same measure of protection afforded to the miners at the mine 
by such standard; or
    (ii) In the case of a petition involving a finding by the 
Administrator of a diminution of safety to the miners caused by 
application of the standard at the mine, whether the terms and 
conditions for which the hearing was requested are necessary to provide 
equivalent protection to the miners at the mine from the hazard against 
which the standard is directed.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53441, Dec. 28, 1990]

[[Page 189]]