[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: 29CFR2700.28]

[Page 699]
 
                             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. 2700.28  Filing of petition for assessment of penalty with the 
Commission.

    (a) Time to file. Within 45 days of receipt of a timely contest of a 
proposed penalty assessment, the Secretary shall file with the 
Commission a petition for assessment of penalty.
    (b) Contents. The petition for assessment of penalty shall list the 
alleged violations and the proposed penalties. Each violation shall be 
identified by the number and date of the citation or order and the 
section of the Act or regulations alleged to be violated. The petition 
for assessment of penalty shall state whether the citation or order has 
been contested and the docket number of any contest. The petition for 
assessment of penalty shall advise the party against whom a penalty is 
filed that he has 30 days to file an answer pursuant to Sec. 2700.29.
    (c) Attachments. A legible copy of each citation or order for which 
a penalty is sought shall be attached to the petition for assessment of 
penalty. If a legible copy is not available, the petition for assessment 
of penalty shall set forth the text of the citation or order.