[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: 29CFR2700.30]

[Page 684]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2700_PROCEDURAL RULES--Table of Contents
 
                Subpart C_Contests of Proposed Penalties
 
Sec. 2700.30  Assessment of penalty.

    (a) In assessing a penalty the Judge shall determine the amount of 
penalty in accordance with the six statutory criteria contained in 
section 110(i) of the Act, 30 U.S.C. 820(i), and incorporate such 
determination in a written decision. The decision shall contain findings 
of fact and conclusions of law on each of the statutory criteria and an 
order requiring that the penalty be paid.
    (b) In determining the amount of penalty, neither the Judge nor the 
Commission shall be bound by a penalty proposed by the Secretary or by 
any offer of settlement made by a party.