[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: 29CFR2700.21]

[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. 2700.21  Effect of failure to file notice of contest of citation.

    An operator's failure to file a notice of contest of a citation or 
order issued under section 104 of the Act, 30 U.S.C. 814, shall not 
preclude the operator from challenging, in a penalty proceeding, the 
fact of violation or any special findings contained in a citation or 
order including the assertion in the citation or order that the 
violation was of a significant and substantial nature or was caused by 
the operator's unwarrantable failure to comply with the standard.