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30 U.S.C. § 804Interim Compliance Panel

submitted 57 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 495 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the Interim Compliance Panel and sets its membership, expenses, quorum, assistance, hearing and review procedures, and reporting duty. The entire section terminates when the Panel completes its functions under this chapter.

(a) Establishment; composition. The Interim Compliance Panel is established with five members: (1) the Assistant Secretary of Labor for Labor Standards of the Department of Labor, or that official’s delegate; (2) the Director of the National Institute of Standards and Technology of the Department of Commerce, or that official’s delegate; (3) the Administrator of the Consumer Protection and Environmental Health Service of the Department of Health and Human Services, or that official’s delegate; (4) the Director of the United States Bureau of Mines of the Department of the Interior, or that official’s delegate; and (5) the Director of the National Science Foundation, or that official’s delegate.\n\n(b) Compensation; travel and subsistence expenses. Panel members serve without compensation in addition to their regular pay. They may be reimbursed for travel, subsistence, and other necessary expenses they incur while performing the Panel’s duties.\n\n(c) Cooperation of Federal agencies. Despite any other law, the Secretaries of Health and Human Services, Commerce, and the Interior, and the Secretary referred to in this chapter, must, when the Panel requests it, provide the personnel and other help that the Panel decides is necessary for carrying out its functions under this chapter.\n\n(d) Quorum; voting; selection of chairman. Three Panel members make a quorum for conducting business. All Panel decisions must be made by majority vote. The members must choose the chairman from among the Panel members.\n\n(e) Appointment of administrative law judges; applicable provisions. The Panel may appoint as many administrative law judges as are necessary for proceedings that must be conducted under this chapter. The provisions that apply to administrative law judges appointed under section 3105 of title 5 also apply to judges appointed under this subsection.\n\n(f) Functions; hearings; notice and review; termination; annual report. (1) The Panel must perform the duties assigned to it under this chapter. After giving notice, it must provide a public hearing if the operator of the affected coal mine or the representative of the mine’s miners requests one. An operator or miners’ representative who is harmed by a final Panel decision may file a petition to review that decision under section 816 of this title. The provisions of this entire section terminate when the Panel completes its functions under this chapter. Any hearing under this subsection must be on the record. The Panel must make findings of fact and issue a written decision that includes those findings, in accordance with section 554 of title 5. (2) Each year, the Panel must give the Secretary a written report for the Secretary to send to Congress. The report must concern how well the Panel has achieved its purposes and may include any other relevant information, including recommendations, that the Panel considers appropriate.
the actual law source: uscode.house.gov ↗public domain
(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 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. 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.

(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.

Source credit: (Pub. L. 91–173, § 5, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95–164, title I, § 102(d), Nov. 9, 1977, 91 Stat. 1291; Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-173 · 83 Stat. 744
  • 1977Amended · Pub. L. 95-164 · 91 Stat. 1291
  • 1978Amended · Pub. L. 95-251 · 92 Stat. 183
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1433
  • 1992Amended · Pub. L. 102-285 · 106 Stat. 172

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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