[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: 29CFR2704.103]

[Page 703-704]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION 
PROCEEDINGS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 2704.103  Proceedings covered.

    (a) The Act applies to adversary adjudications conducted by this 
Commission. These are adjudications before the Commission arising under 
the Mine Act in which the position of the Secretary of Labor is 
represented by an attorney or other representative who enters an 
appearance and participates in the proceeding. For this Commission, the 
types of proceedings generally covered include:
    (1) Contests of citations or orders issued under section 104 or 107 
of the Mine Act (30 U.S.C. 814, 817);
    (2) Contests of penalties proposed under section 105 (a) and (b) of 
the Mine Act (30 U.S.C. 815(a), (b));
    (3) Challenges to claims of discrimination under section 105(c) of 
the Mine Act (30 U.S.C. 815(c)) where the Secretary of Labor represents 
the miner;
    (b) The Commission may also designate a proceeding not listed in 
paragraph (a) of this section as an adversary adjudication for purposes 
of the Act by so stating in an order initiating

[[Page 704]]

the proceeding or designating the matter for hearing. The Commission's 
failure to designate a proceeding as an adversary adjudication shall not 
preclude the filing of an application by a party who believes the 
proceeding is covered by the Act; whether the proceeding is covered will 
then be an issue for resolution in proceedings on the application.
    (c) If a proceeding includes both matters covered by the Act and 
matters specifically excluded from coverage, any award made will include 
only fees and expenses related to covered issues.