[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2700.20]

[Page 682]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2700_PROCEDURAL RULES--Table of Contents
 
               Subpart B_Contests of Citations and Orders
 
Sec. 2700.20  Notice of contest of a citation or order issued under 
section 104 of the Act.


    (a) Who may contest. (1) An operator may contest:
    (i) A citation or an order issued under section 104 of the Act, 30 
U.S.C. 814;
    (ii) A modification of a citation or an order issued under section 
104 of the Act; and
    (iii) The reasonableness of the length of time fixed for abatement 
in a citation or modification thereof issued under section 104 of the 
Act.
    (2) A miner or representative of miners may contest:
    (i) The issuance, modification or termination of any order issued 
under section 104 of the Act; and
    (ii) The reasonableness of the length of time fixed for abatement in 
a citation or modification thereof issued under section 104 of the Act.
    (b) Time to contest. Contests filed by an operator pursuant to 
paragraph (a)(1) of this section shall be filed with the Secretary at 
the appropriate Regional Solicitor's Office or at the Solicitor's 
Office, Mine Safety and Health Division, Arlington, Virginia, within 30 
days of receipt by the operator of the contested citation, order, or 
modification. Contests filed by a miner or representative of miners 
pursuant to paragraph (a)(2) of this section shall be filed in the same 
manner within 30 days of receipt by the miner or representative of 
miners of the contested order, modification, or termination.
    (c) Notification by the Secretary. The Secretary, in accordance with 
section 105(d) of the Act, 30 U.S.C. 815(d), shall immediately advise 
the Commission of such notice of contest upon its receipt.
    (d) Copy to Commission. The contesting party shall also file a copy 
of his notice of contest with the Commission at the time he files with 
the Secretary.
    (e) Contents of notice of contest. (1) A notice of contest shall 
contain a short and plain statement of:
    (i) The party's position with respect to each issue of law and fact 
that the party contends is pertinent; and
    (ii) The relief requested by the party.
    (2) A legible copy of the contested citation or order shall be 
attached to the notice of contest. If a legible copy is not available, 
the notice of contest shall set forth the text of the contested citation 
or order.
    (f) Answer. Within 20 days after service of a notice of contest, the 
Secretary shall file an answer responding to each allegation of the 
notice of contest.