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

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

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

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Source file: Laws/federal/codes/united-states-code/title-30/section-814-interim-compliance-panel--d313e6f5e7.md
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Source location: Title 30, Chapter 22, § 814; chapter-022-mine-safety-and-health.md

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**(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 proceedings required to be conducted in accordance with the provisions of this chapter. The provisions applicable to administrative law judges appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) shall be applicable to administrative law judges appointed pursuant to this subsection. **(f) Functions; hearings; notice and review; termination; annual report** (1) It shall be the function of the Panel to carry out the duties imposed on it pursuant to this chapter and to provide an opportunity for a public hearing, after notice, at the request of an operator of the affected coal mine or the representative of the miners of such mine. Any operator or representative of miners aggrieved by a final decision of the Panel may file a petition for review of such decision under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section816&num=0&edition=prelim). The provisions of this section shall terminate upon completion of the Panel’s functions as set forth under this chapter. Any hearing held pursuant to this subsection shall be of record and the Panel shall make findings of fact and shall issue a written decision incorporating its findings therein in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). (2) The Panel shall make an annual report, in writing, to the Secretary for transmittal by him to the Congress concerning the achievement of its purposes, and any other relevant information (including any recommendations) which it deems appropriate.

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

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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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

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 816

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5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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

30 U.S.C. § 1 — United States Bureau of Mines; establishment; director; experts and other employees

There is hereby established in the Department of the Interior a bureau of mining, metallurgy, and mineral technology, to be designated the United States Bureau of Mines, and there shall be a director of said bureau, who shall be thoroughly equipped for the duties of said office by technical education and experience and who shall be appointed by the President, by and with the advice and consent of the Senate; and there shall also be in the said bureau such experts and other employees, to be appointed by the Secretary of the Interior, as may be required to carry out the purposes of sections 1, 3, and 5 to 7 of this title in accordance with the appropriations made from time to time by Congress for such purposes.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801

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

15 U.S.C. § 78m–2 — Reporting requirements regarding coal or other mine safety

**(a) Reporting mine safety information** Each issuer that is required to file reports pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 [[15 U.S.C. 78m(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78m/a&num=0&edition=prelim), 78o(d)] and that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall include, in each periodic report filed with the Commission under the securities laws on or after July 21, 2010, the following information for the time period covered by such report: (1) For each coal or other mine of which the issuer or a subsidiary of the issuer is an operator— (A) the total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard under section 104 of the Federal Mine Safety and Health Act of 1977 ([30 U.S.C. 814](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814&num=0&edition=prelim)) for which the operator received a citation from the Mine Safety and Health Administration; (B) the total number of orders issued under section 104(b) of such Act ([30 U.S.C. 814(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/b&num=0&edition=prelim)); (C) the total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of such Act ([30 U.S.C. 814(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section814/d&num=0&edition=prelim)); (D) the total number of flagrant violations under section 110(b)(2) of such Act ([30 U.S.C. 820(b)(2)](https://uscode.house.gov/view

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78m–2

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30 U.S.C. § 721 to 740 — Repealed. Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322

### Statutory Notes This chapter, covering the operation of only metal and nonmetallic mines, is covered by section 801 et seq. of this title following the enactment of Pub. L. 95–164 which brought the operation of all coal and other mines under a single legislative canopy. Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat. 772, defined “commerce”, “mine”, “operator”, “Secretary”, and “Board”. See [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section802&num=0&edition=prelim). Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat. 773, described mines to be covered and empowered Secretary of the Interior to decline jurisdiction if effect of the mine on commerce was not sufficiently substantial. See section 801 et seq. of this title. Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat. 773, related to investigations of metal and nonmetallic mines to obtain information relating to health and safety conditions. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim). Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat. 773, related to admission of investigators to mines. See [section 813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813&num=0&edition=prelim). Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat. 774, related to development of health and safety standards. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim). Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat. 775, related to advisory committees. See [section 812 of this title](https://uscode.house.gov/view.xhtml?req

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 721 to 740

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

**(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

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 821

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