[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: 29CFR2704.308]

[Page 709-710]
 
                             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 C_Procedures for Considering Applications
 
Sec. 2704.308  Commission review.

    (a) Either the applicant or the Secretary of Labor may seek review 
by the Commission of the initial decision by the administrative law 
judge, but review shall be discretionary with the Commission.
    (b) The party seeking review shall file a petition for discretionary 
review so as to be received by the Commission at 601 New Jersey Avenue, 
NW., Suite 9500, Washington, DC 20001 within 30 days of the issuance of 
the initial decision by the administrative law judge. Each issue in 
dispute shall be plainly and concisely stated, with supporting reasons 
set forth. Except for good cause shown, no issue not raised before the 
administrative law judge shall be set forth in the petition for 
discretionary review. Review by the Commission shall be granted only by 
affirmative vote of two of the Commissioners within 40 days of the 
issuance of the initial opinion, except that within 30 days after the 
issuance of the initial decision by the administrative law judge, two or 
more Commissioners may in their discretion order the case for review 
without the filing of a petition. The latter procedure shall be reserved 
for novel questions of law or policy, however.
    (c) If review of the initial decision of the administrative law 
judge is granted by the Commission, the Commission shall, after allowing 
opportunity for presentation of views by opposing parties, review the 
case and issue its own

[[Page 710]]

order affirming, modifying or vacating in whole or in part the initial 
decision or directing other appropriate relief.

[47 FR 10001, Mar. 9, 1982, as amended at 63 FR 63178, Nov. 12, 1998; 67 
FR 60863, Sept. 27, 2002]