[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: 30CFR44.35]

[Page 195]
 
                       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 C--Hearings
 
Sec. 44.35  Decision of the Assistant Secretary.

    Appeals from a decision rendered pursuant to Sec. 44.32 of this part 
shall be decided by the Assistant Secretary within 120 days after the 
time for filing responding statements under Sec. 44.33 of this part. The 
Assistant Secretary's decision shall be based upon consideration of the 
entire record of the proceedings transmitted, together with the 
statements submitted by the parties. The decision may affirm, modify, or 
set aside, in whole or part, the findings, conclusions, and rule or 
order contained in the decision of the presiding administrative law 
judge and shall include a statement of reasons for the action taken. The 
Assistant Secretary may also remand the petition to the administrative 
law judge for additional legal or factual determinations. Any party may 
request that the time for the Assistant Secretary's decision be 
expedited. Such requests shall be granted in the discretion of the 
Assistant Secretary.

[55 FR 53442, Dec. 28, 1990]