30 U.S.C. § 815 — Procedure for enforcement

submitted 57 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 1,811 words · no verdicts yet

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Operators can contest citations, orders, and proposed penalties within 30 days, and miners can contest specified orders and abatement times. The section also protects miners and applicants from discrimination and sets hearing and temporary-relief procedures.

(a) Penalty notice and contest. After an inspection or investigation, when the Secretary issues a citation or order under section 814, the Secretary must within a reasonable time send the operator certified mail stating the proposed civil penalty and giving 30 days to contest the citation or penalty. A copy goes to the miners' representative. If the operator does not contest within 30 days and no miner or representative files a timely notice under (d), the citation and proposed penalty become a final Commission order and cannot be reviewed. Refusing the certified mail counts as receipt. (b) Failure to correct. (1)(A) If the Secretary believes an operator failed to correct a cited violation on time, the Secretary must send certified notice of the failure, the proposed penalty under section 820(b), and 30 days to contest. A copy goes to the mine-employee representative. Failure to contest makes the notice a final Commission order; refusal of certified mail counts as receipt. (B) In setting the proposed penalty, the Secretary must consider the operator's prior violations, business size, negligence, effect on continuing in business, seriousness, and demonstrated good faith in correcting quickly. (2) An applicant may ask the Commission in writing for temporary relief from changing or ending an order or from an order under section 814, with detailed reasons. The Commission may grant relief after all parties have had a hearing, the applicant shows a substantial likelihood of a favorable result, and relief will not harm miners' health or safety. Relief is unavailable for a citation under section 814(a) or (f), and the Commission must provide an expedited process. (c) Discrimination. (1) No person may fire, discriminate against, or otherwise interfere with a miner, miner representative, or job applicant because the person complained under this chapter, reported an alleged danger or violation, was subject to medical evaluation and possible transfer under a section 811 standard, started or caused a proceeding, testified or will testify, or exercised a statutory right for self or others. (2) A person who believes this happened may file a complaint with the Secretary within 60 days. The Secretary must send it to the respondent and investigate, beginning within 15 days. If it was not frivolous, the Commission, on the Secretary's expedited application, must order immediate reinstatement pending the final decision. If the Secretary finds a violation, the Secretary must promptly file a Commission complaint and propose relief. After a hearing, the Commission must issue a fact-based order affirming, changing, or vacating the proposal or granting other relief. The order becomes final after 30 days. The Commission may require affirmative correction, including rehiring or reinstatement with back pay and interest. The complainant may present additional evidence. (3) Within 90 days after receiving the complaint, the Secretary must notify the complainant in writing whether a violation occurred. If the Secretary finds none, the complainant may, within 30 days, file a Commission action. After a hearing, the Commission must dismiss or sustain the charge and grant suitable relief, including reinstatement with back pay and interest. The order becomes final after 30 days. If the charge is sustained, the violator must pay costs and expenses, including attorney fees, that the Commission finds reasonably incurred. The Secretary and Commission must expedite these proceedings. Commission orders may be reviewed under section 816. A paragraph (1) violation is subject to sections 818 and 820(a). (d) Contests. Within 30 days, an operator may contest a section 814 order or its change, a citation or proposed penalty under (a) or (b), or the reasonableness of an abatement period. A miner or representative may contest issuance, change, or ending of an order, or the reasonableness of an abatement period. The Secretary must immediately notify the Commission. After a hearing, the Commission must issue a fact-based order affirming, changing, or vacating the citation, order, or proposed penalty, or granting other relief. The order becomes final after 30 days. Commission rules must let affected miners or representatives participate as parties, and the Commission must expedite appeals of section 814 orders.

the actual law source: uscode.house.gov ↗public domain

(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, 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 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 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, 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 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. The Commission shall provide a procedure for expedited consideration of applications for temporary relief under this paragraph.

(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 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 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 1 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 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. 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, 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, 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, or the reasonableness of the length of time set for abatement by a citation or modification thereof issued under section 814 of this title, 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, 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.

Source credit: (Pub. L. 91–173, title I, § 105, Dec. 30, 1969, 83 Stat. 753; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1303.)

history & why it existsrecord from the source credit

1969Enacted · Pub. L. 91-173 · 83 Stat. 753
1977Amended · Pub. L. 95-164 · 91 Stat. 1303

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-173 on 1969-12-30.

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