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30 U.S.C. § 1293 — Employee protection
Federal law — U.S. Code and appendices · legal_authorities
**(a) Retaliatory practices prohibited** No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter.
**(b) Review by Secretary; investigation; notice; hearing; findings of fact; judicial review** Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary for a review of such firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Upon receiving the report of such investigation the Secretary shall make findings of fact. If he finds that a violation did occur, he shall issue a decision incorporati
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Source file: Laws/federal/codes/united-states-code/title-30/section-1293-employee-protection--9a36b318fe.md
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Source location: Title 30, Chapter 25, § 1293; chapter-025-surface-mining-control-and-reclamation.md
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**(a) Retaliatory practices prohibited** No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter.
**(b) Review by Secretary; investigation; notice; hearing; findings of fact; judicial review** Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary for a review of such firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Upon receiving the report of such investigation the Secretary shall make findings of fact. If he finds that a violation did occur, he shall issue a decision incorporating therein his findings and an order requiring the party committing the violation to take such affirmative action to abate the violation as the Secretary deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with compensation. If he finds that there was no violation, he will issue a finding. Orders issued by the Secretary under this subsection shall be subject to judicial review in the same manner as orders and decisions of the Secretary are subject to judicial review under this chapter.
**(c) Costs** Whenever an order is issued under this section to abate any violation, at the request of the applicant a sum equal to the aggregate amount of all costs and expenses (including attorneys’ fees) to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the persons committing the violation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties for violations of permit conditions and provisions of this subchapter** In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), any permittee who violates any permit condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
**(b) Hearing** A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1268
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Federal law — U.S. Code and appendices · legal_authorities
Page 308
TITLE 30—MINERAL LANDS AND MINING
§ 1293
may be appropriate to regulate surface coal
mining and reclamation operations on land
under their jurisdiction.
(c) Cooperation
To the greatest extent practicable each Fed-
eral agency shall cooperate with the Secretary
and the States in carrying out the provisions of
this chapter.
(d) Major Federal action
Approval of the State programs, pursuant to
section 1253(b) of this title, promulgation of Fed-
eral programs, pursuant to section 1254 of this
title, and implementation of the Federal lands
programs, pursuant to section 1273 of this title,
shall not constitute a major action within the
meaning of section 102(2)(C) of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332).
Adoption of regulations under section 1251(b) of
this title shall constitute a major action within
the meaning of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332).
(Pub. L. 95–87, title VII, § 702, Aug. 3, 1977, 91
Stat. 519.)
Editorial Notes
REFERENCES IN TEXT
The Mining and Minerals Policy Act of 1970 (30 U.S.C.
21a), referred to in subsec. (a), is Pub. L. 91–631, Dec. 31,
1970, 84 Stat. 1876, which enacted section 21a of this
title and provisions set out as a note under section 21a
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 21a
of this title and Tables.
The National Environmental Policy Act of 1969 (42
U.S.C. 4321–47), referred to in subsec. (a), is Pub. L.
91–190, Jan. 1, 1970, 83 Stat. 852, which is classified gen-
erally to chapter 55 (§ 4321 et seq.) of Title 42, The Pub-
lic Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 4321 of Ti
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1293
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