[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.1] [Page 691-694] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700_PROCEDURAL RULES--Table of Contents Subpart A_General Provisions Sec. 2700.1 Scope; applicability of other rules; construction. -------------------------------------------------------------------- Part Page 2700 Procedural rules............................ 693 2701 Government in the Sunshine Act regulations.. 712 2702 Regulations implementing the Freedom of Information Act......................... 714 2703 Employee responsibilities and conduct....... 718 2704 Implementation of the Equal Access to Justice Act in Commission proceedings... 718 2705 Privacy Act implementation.................. 726 2706 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Federal Mine Safety and Health Review Commission..... 728 [[Page 693]] Subpart A_General Provisions Sec. 2700.1 Scope; applicability of other rules; construction. 2700.2 Definitions. 2700.3 Who may practice. 2700.4 Parties, intervenors, and amici curiae. 2700.5 General requirements for pleadings and other documents; status or informational requests. 2700.6 Signing of documents. 2700.7 Service. 2700.8 Computation of time. 2700.9 Extensions of time. 2700.10 Motions. 2700.11 Withdrawal of pleading. 2700.12 Consolidation of proceedings. Subpart B_Contests of Citations and Orders 2700.20 Notice of contest of a citation or order issued under section 104 of the Act. 2700.21 Effect of failure to file notice of contest of citation. 2700.22 Notice of contest of imminent danger withdrawal orders under section 107 of the Act. 2700.23 Review of a subsequent citation or order. Subpart C_Contests of Proposed Penalties 2700.25 Proposed penalty assessment. 2700.26 Notice of contest of proposed penalty assessment. 2700.27 Effect of failure to contest proposed penalty assessment. 2700.28 Filing of petition for assessment of penalty with the Commission. 2700.29 Answer. 2700.30 Assessment of penalty. 2700.31 Penalty settlement. Subpart D_Complaints for Compensation 2700.35 Time to file. 2700.36 Contents of complaint. 2700.37 Answer. Subpart E_Complaints of Discharge, Discrimination or Interference 2700.40 Who may file. 2700.41 Time to file. 2700.42 Contents of complaint. 2700.43 Answer. 2700.44 Petition for assessment of penalty in discrimination cases. 2700.45 Temporary reinstatement proceedings. Subpart F_Applications for Temporary Relief 2700.46 Procedure. 2700.47 Contents of application. Subpart G_Hearings 2700.50 Assignment of Judges. 2700.51 Hearing sites. 2700.52 Expedition of proceedings. 2700.53 Prehearing conferences and statements. 2700.54 Notice of hearing. 2700.55 Powers of Judges. 2700.56 Discovery; general. 2700.57 Depositions. 2700.58 Interrogatories, requests for admissions and requests for production of documents. 2700.59 Failure to cooperate in discovery; sanctions. 2700.60 Subpoenas. 2700.61 Name of miner informant. 2700.62 Name of miner witness. 2700.63 Evidence; presentation of case. 2700.64 Retention of exhibits. 2700.65 Proposed findings, conclusions and orders. 2700.66 Summary disposition of proceedings. 2700.67 Summary decision of the Judge. 2700.68 Substitution of the Judge. 2700.69 Decision of the Judge. Subpart H_Review by the Commission 2700.70 Petitions for discretionary review. 2700.71 Review by the Commission on its own motion. 2700.72 Unreviewed decisions. 2700.73 Procedure for intervention. 2700.74 Procedure for participation as amicus curiae. 2700.75 Briefs. 2700.76 Interlocutory review. 2700.77 Oral argument. 2700.78 Reconsideration. 2700.79 Correction of clerical errors. Subpart I_Miscellaneous 2700.80 Standards of conduct; disciplinary proceedings. 2700.81 Recusal and disqualification. 2700.82 Ex parte communications. 2700.83 Authority to sign orders. 2700.84 Effective date. Authority: 30 U.S.C. 815, 820 and 823. Source: 58 FR 12164, Mar. 3, 1993, unless otherwise noted. [[Page 694]] (a) Scope. This part sets forth rules applicable to proceedings before the Federal Mine Safety and Health Review Commission and its Administrative Law Judges. (b) Applicability of other rules. On any procedural question not regulated by the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (``the Act''), these Procedural Rules, or the Administrative Procedure Act (particularly 5 U.S.C. 554 and 556), the Commission and its Judges shall be guided so far as practicable by the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure. (c) Construction. These rules shall be construed to secure the just, speedy and inexpensive determination of all proceedings, and to encourage the participation of miners and their representatives. Wherever the masculine gender is used in these rules, the feminine gender is also implied.