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30 U.S.C. § 819 — Procedure for enforcement

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 819 — Procedure for enforcement

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Source location: Title 30, Chapter 22, § 819; chapter-022-mine-safety-and-health.md

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**(a) Notification of civil penalty; contest** If, after an inspection or investigation, the Secretary issues a citation or order under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), he shall, within a reasonable time after the termination of such inspection or investigation, notify the operator by certified mail of the civil penalty proposed to be assessed under [section 820(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section820/a&num=0&edition=prelim) for the violation cited and that the operator has 30 days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. A copy of such notification shall be sent by mail to the representative of miners in such mine. If, within 30 days from the receipt of the notification issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any miner or representative of miners under subsection (d) of this section within such time, the citation and the proposed assessment of penalty shall be deemed a final order of the Commission and not subject to review by any court or agency. Refusal by the operator or his agent to accept certified mail containing a citation and proposed assessment of penalty under this subsection shall constitute receipt thereof within the meaning of this subsection. **(b) Failure of operator to correct violation; notification; contest; temporary relief** (1) (A) If the Secretary has reason to believe that an operator has failed to correct a violation for which a citation has been issued within the period permitted for its correction, the Secretary shall notify the operator by certified mail of such failure and of the penalty proposed to be assessed under [section 820(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section820/b&num=0&edition=prelim) by reason of such failure and that the operator has 30 days within which to notify the Secretary that he wishes to contest the Secretary’s notification of the proposed assessment of penalty. A copy of such notification of the proposed assessment of penalty shall at the same time be sent by mail to the representative of the mine employees. If, within 30 days from the receipt of notification of proposed assessment of penalty issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the notification of proposed assessment of penalty, such notification shall be deemed a final order of the Commission and not subject to review by any court or agency. Refusal by the operator or his agent to accept certified mail containing a notification of proposed assessment of penalty issued under this subsection shall constitute receipt thereof within the meaning of this subsection. (B) In determining whether to propose a penalty to be assessed under [section 820(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section820/b&num=0&edition=prelim), the Secretary shall consider the operator’s history of previous violations, the appropriateness of such penalty to the size of the business of the operator charged, whether the operator was negligent, the effect on the operator’s ability to continue in business, the gravity of the violation, and the demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation. (2) An applicant may file with the Commission a written request that the Commission grant temporary relief from any modification or termination of any order or from any order issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim) together with a detailed statement giving the reasons for granting such relief. The Commission may grant such relief under such conditions as it may prescribe, if— (A) a hearing has been held in which all parties were given an opportunity to be heard; (B) the applicant shows that there is substantial likelihood that the findings of the Commission will be favorable to the applicant; and (C) such relief will not adversely affect the health and safety of miners. No temporary relief shall be granted in the case of a citation issued under subsection (a) or (f) of [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim). The Commission shall provide a procedure for expedited consideration of applications for temporary relief under this paragraph. **(c) Discrimination or interference prohibited; complaint; investigation; determination; hearing** (1) No person shall discharge or in any manner discriminate against or cause to be discharged or cause discrimination against or otherwise interfere with the exercise of the statutory rights of any miner, representative of miners or applicant for employment in any coal or other mine subject to this chapter because such miner, representative of miners or applicant for employment has filed or made a complaint under or related to this chapter, including a complaint notifying the operator or the operator’s agent, or the representative of the miners at the coal or other mine of an alleged danger or safety or health violation in a coal or other mine, or because such miner, representative of miners or applicant for employment is the subject of medical evaluations and potential transfer under a standard published pursuant to [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim) or because such miner, representative of miners or applicant for employment has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding, or because of the exercise by such miner, representative of miners or applicant for employment on behalf of himself or others of any statutory right afforded by this chapter. (2) Any miner or applicant for employment or representative of miners who believes that he has been discharged, interfered with, or otherwise discriminated against by any person in violation of this subsection may, within 60 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall forward a copy of the complaint to the respondent and shall cause such investigation to be made as he deems appropriate. Such investigation shall commence within 15 days of the Secretary’s receipt of the complaint, and if the Secretary finds that such complaint was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner pending final order on the complaint. If upon such investigation, the Secretary determines that the provisions of this subsection have been violated, he shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner, applicant for employment, or representative of miners alleging such discrimination or interference and propose an order granting appropriate relief. The Commission shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation as the Commission deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay and interest. The complaining miner, applicant, or representative of miners may present additional evidence on his own behalf during any hearing held pursuant to his 11 So in original. Probably should be “this”. paragraph. (3) Within 90 days of the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner, applicant for employment, or representative of miners of his determination whether a violation has occurred. If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days of notice of the Secretary’s determination, to file an action in his own behalf before the Commission, charging discrimination or interference in violation of paragraph (1). The Commission shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate, including, but not limited to, an order requiring the rehiring or reinstatement of the miner to his former position with back pay and interest or such remedy as may be appropriate. Such order shall become final 30 days after its issuance. Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses (including attorney’s fees) as determined by the Commission to have been reasonably incurred by the miner, applicant for employment or representative of miners for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. Proceedings under this section shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this paragraph shall be subject to judicial review in accordance with [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section816&num=0&edition=prelim). Violations by any person of paragraph (1) shall be subject to the provisions of sections 818 and 820(a) of this title. **(d) Contest proceedings; hearing; findings of fact; affirmance, modification, or vacatur of citation, order, or proposed penalty; procedure before Commission** If, within 30 days of receipt thereof, an operator of a coal or other mine notifies the Secretary that he intends to contest the issuance or modification of an order issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), or citation or a notification of proposed assessment of a penalty issued under subsection (a) or (b) of this section, or the reasonableness of the length of abatement time fixed in a citation or modification thereof issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), or any miner or representative of miners notifies the Secretary of an intention to contest the issuance, modification, or termination of any order issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), or the reasonableness of the length of time set for abatement by a citation or modification thereof issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim), the Secretary shall immediately advise the Commission of such notification, and the Commission shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary’s citation, order, or proposed penalty, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The rules of procedure prescribed by the Commission shall provide affected miners or representatives of affected miners an opportunity to participate as parties to hearings under this section. The Commission shall take whatever action is necessary to expedite proceedings for hearing appeals of orders issued under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 554 — Adjudications

**(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

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 811 — Congressional findings and declaration of purpose

Congress declares that— **(a)** the first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource—the miner; **(b)** deaths and serious injuries from unsafe and unhealthful conditions and practices in the coal or other mines cause grief and suffering to the miners and to their families; **(c)** there is an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation’s coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines; **(d)** the existence of unsafe and unhealthful conditions and practices in the Nation’s coal or other mines is a serious impediment to the future growth of the coal or other mining industry and cannot be tolerated; **(e)** the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such conditions and practices in such mines; **(f)** the disruption of production and the loss of income to operators and miners as a result of coal or other mine accidents or occupationally caused diseases unduly impedes and burdens commerce; and **(g)** it is the purpose of this chapter (1) to establish interim mandatory health and safety standards and to direct the Secretary of Health and Human Services and the Secretary of Labor to develop and promulgate improved mandatory health or safety standards to protect the health and safety of the Nation’s coal or other miners; (2) to require that each operator of a coal or other mine and every miner in such mine comply with such standards; (3) to cooperate with, and provide assistance to, the States in the development and enforcement of effect

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 816 — Advisory committees

**(a) Committee on coal or other mine safety research; establishment; membership; chairman; functions; conflicts of interest** (1) The Secretary of the Interior shall appoint an advisory committee on coal or other mine safety research composed of— (A) the Director of the Office of Science and Technology or his delegate, with the consent of the Director; (B) the Director of the National Institute of Standards and Technology, Department of Commerce, or his delegate, with the consent of the Director; (C) the Director of the National Science Foundation, or his delegate, with the consent of the Director; and (D) such other persons as the Secretary of the Interior may appoint who are knowledgeable in the field of coal or other mine safety research. The Secretary of the Interior shall designate the chairman of the committee. (2) The advisory committee shall consult with, and make recommendations to, the Secretary of the Interior on matters involving or relating to coal or other mine safety research. The Secretary of the Interior shall consult with, and consider the recommendations of, such committee in the conduct of such research, the making of any grants, and the entering into of contracts for such research. (3) The chairman of the committee and a majority of the persons appointed by the Secretary of the Interior pursuant to paragraph (1)(D) shall be individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. **(b) Committee on coal or other mine health research; establishment; membership; chairman; functions; conflicts of interest** (1) The Secretary of Health and Human Services shall appoint an advisory committee on

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 801 — Technical Study Panel

**(a) Establishment** There is established a Technical Study Panel (referred to in this section as the “Panel”) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining. **(b) Membership** The Panel shall be composed of— (1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety; (2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and (3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress. **(c) Qualifications** Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry. **(d) Report** (1) **In general** — Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 814 — Interim Compliance Panel

**(a) Establishment; composition** There is hereby established the Interim Compliance Panel, which shall be composed of five members as follows: (1) Assistant Secretary of Labor for Labor Standards, Department of Labor, or his delegate; (2) Director of the National Institute of Standards and Technology, Department of Commerce, or his delegate; (3) Administrator of Consumer Protection and Environmental Health Service, Department of Health and Human Services, or his delegate; (4) Director of the United States Bureau of Mines, Department of the Interior, or his delegate; and (5) Director of the National Science Foundation, or his delegate. **(b) Compensation; travel and subsistence expenses** Members of the Panel shall serve without compensation in addition to that received in their regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Panel. **(c) Cooperation of Federal agencies** Notwithstanding any other provision of law, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of the Interior, and the Secretary shall, upon request of the Panel, provide the Panel such personnel and other assistance as the Panel determines necessary to enable it to carry out its functions under this chapter. **(d) Quorum; voting; selection of chairman** Three members of the Panel shall constitute a quorum for doing business. All decisions of the Panel shall be by majority vote. The chairman of the Panel shall be selected by the members from among the membership thereof. **(e) Appointment of administrative law judges; provisions applicable** The Panel is authorized to appoint as many administrative law judges as are necessary for proce

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 814

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 821 — Procedures to counteract dangerous conditions

**(a) Withdrawal orders** If, upon any inspection or investigation of a coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds that an imminent danger exists, such representative shall determine the extent of the area of such mine throughout which the danger exists, and issue an order requiring the operator of such mine to cause all persons, except those referred to in [section 814(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/c&num=0&edition=prelim), to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such imminent danger and the conditions or practices which caused such imminent danger no longer exist. The issuance of an order under this subsection shall not preclude the issuance of a citation under [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim) or the proposing of a penalty under [section 820 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section820&num=0&edition=prelim). **(b) Notice to mine operators; further investigation; findings and decision by Secretary** (1) If, upon any inspection of a coal or other mine, an authorized representative of the Secretary finds (A) that conditions exist therein which have not yet resulted in an imminent danger, (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance cannot be provided that the continuance of mining operations under such conditions will not result in an imminent danger, he shall determine the area throughout which such conditions exist, and

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 819 — Posting of orders and decisions

Page 145 TITLE 30—MINERAL LANDS AND MINING § 819 notice, shall be seven days from the date of entry. Except as otherwise provided herein, any relief granted by the court to enforce any order under paragraph (1) of subsection (a) shall con- tinue in effect until the completion or final ter- mination of all proceedings for review of such order under this subchapter, unless prior there- to, the district court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or deci- sion issued by the Commission or the Secretary after a public hearing in accordance with sec- tion 554 of title 5, the findings of the Commis- sion or the Secretary, as the case may be, if sup- ported by substantial evidence on the record considered as a whole, shall be conclusive. (Pub. L. 91–173, title I, § 108, Dec. 30, 1969, 83 Stat. 756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1309; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 109–236, § 9, June 15, 2006, 120 Stat. 501.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1)(A), (B), (E), (F), (2) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (b), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2006—Subsec. (a)(1)(A). Pub. L. 109–236 inserted before comma at end ‘‘, or fails or refuses to comply with any order or

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