Browse Arkansas Code titles and sections
30 U.S.C. § 821 — Procedures to counteract dangerous conditions
Federal law — U.S. Code and appendices · legal_authorities
**(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title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/c&num=0&edition=prelim), to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such imminent danger and the conditions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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 821
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 43bfef7a63d6ee0ac4a0632574960ef83690eeb5f9bdeda692eadc7afecd4657. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_5a61e97342c400a5afe1c3b4
Source file: Laws/federal/codes/united-states-code/title-30/section-821-procedures-to-counteract-dangerous-conditions--914e7a781c.md
Pages: Not recorded – Not recorded
Passage SHA-256: 22fdbc01f38ddf725c620809cdb906fa52ca70d0384435b7c1f40a1397ee11dc
Source location: Title 30, Chapter 22, § 821; chapter-022-mine-safety-and-health.md
Stored source content
**(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 thereupon issue a notice to the operator of the mine or his agent of such conditions, and shall file a copy thereof, incorporating his findings therein, with the Secretary and with the representative of the miners of such mine. Upon receipt of such copy, the Secretary shall cause such further investigation to be made as he deems appropriate, including an opportunity for the operator or a representative of the miners to present information relating to such notice.
(2) Upon the conclusion of an investigation pursuant to paragraph (1), and an opportunity for a public hearing upon request by any interested party, the Secretary shall make findings of fact, and shall by decision incorporating such findings therein, either cancel the notice issued under this subsection or issue an order requiring the operator of such mine to cause all persons in the area affected, except those persons referred to in subsection (c) of [section 814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim) to be withdrawn from, and be prohibited from entering, such area until the Secretary, after a public hearing affording all interested persons an opportunity to present their views, determines that such conditions have been abated. Any hearing under this paragraph 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).
**(c) Form and content of orders** Orders issued pursuant to subsection (a) shall contain a detailed description of the conditions or practices which cause and constitute an imminent danger and a description of the area of the coal or other mine from which persons must be withdrawn and prohibited from entering.
**(d) Findings; duration of orders** Each finding made and order issued under this section shall be given promptly to the operator of the coal or other mine to which it pertains by the person making such finding or order, and all of such findings and orders shall be in writing, and shall be signed by the person making them. Any order issued pursuant to subsection (a) may be modified or terminated by an authorized representative of the Secretary. Any order issued under subsection (a) or (b) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Commission pursuant to subsection (e), or by the courts pursuant to [section 816(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section816/a&num=0&edition=prelim).
**(e) Reinstatement, modification, and vacatur of orders**
(1) Any operator notified of an order under this section or any representative of miners notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for reinstatement, modification or vacation of such order. The Commission shall forthwith 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, vacating, affirming, modifying, or terminating the Secretary’s order. The Commission and the courts may not grant temporary relief from the issuance of any order under subsection (a).
(2) The Commission shall take whatever action is necessary to expedite proceedings under this subsection.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 819
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition by person adversely affected or aggrieved; temporary relief**
(1) Any person adversely affected or aggrieved by an order of the Commission issued under this chapter may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or in the United States Court of Appeals for the District of Columbia Circuit, by filing in such court within 30 days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing, the court shall have exclusive jurisdiction of the proceeding and of the questions determined therein, and shall have the power to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside, in whole or in part, the order of the Commission and enforcing the same to the extent that such order is affirmed or modified. No objection that has not been urged before the Commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court th
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 820
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalty for violation of mandatory health or safety standards**
(1) The operator of a coal or other mine in which a violation occurs of a mandatory health or safety standard or who violates any other provision of this chapter, shall be assessed a civil penalty by the Secretary which penalty shall not be more than $50,000 for each such violation. Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense.
(2) The operator of a coal or other mine who fails to provide timely notification to the Secretary as required under [section 813(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813/j&num=0&edition=prelim) (relating to the 15 minute requirement) shall be assessed a civil penalty by the Secretary of not less than $5,000 and not more than $60,000.
(3)
(A) The minimum penalty for any citation or order issued under [section 814(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/d/1&num=0&edition=prelim) shall be $2,000.
(B) The minimum penalty for any order issued under [section 814(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/d/2&num=0&edition=prelim) shall be $4,000.
(4) Nothing in this subsection shall be construed to prevent an operator from obtaining a 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), of an order imposing a penalty described in this subsection. If a court, in making such review, sustains the order, the court shall apply at least the minimum penalties required under this subsection.
**(b) Civil penalty for failure to correct viol
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 823a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 148
TITLE 30—MINERAL LANDS AND MINING
§ 821
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Section operative 90 days after Dec. 30, 1969, except to
the extent an earlier date is specifically provided for in
Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out
as a note under section 801 of this title.
REGULATIONS
Pub. L. 109–236, § 8(b), June 15, 2006, 120 Stat. 501, pro-
vided that: ‘‘Not later than December 30, 2006, the Sec-
retary of Labor shall promulgate final regulations with
respect to penalties.’’
§ 821. Entitlement of miners to full compensation
If a coal or other mine or area of such mine is
closed by an order issued under section 813 of
this title, section 814 of this title, or section 817
of this title, all miners working during the shift
when such order was issued who are idled by
such order shall be entitled, regardless of the re-
sult of any review of such order, to full com-
pensation by the operator at their regular rates
of pay for the period they are idled, but for not
more than the balance of such shift. If such
order is not terminated prior to the next work-
ing shift, all miners on that shift who are idled
by such order shall be entitled to full compensa-
tion by the operator at their regular rates of pay
for the period they are idled, but for not more
than four hours of such shift. If a coal or other
mine or area of such mine is closed by an order
issued under section 814 of this title or section
817 of this title for a failure of the operator to
comply with any mandatory health or safe
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 821
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.