Title 29--LABOR
Chapter XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


to proceedings before the Federal Mine Safety and Health Review Commission and its Administrative Law Judges. (b) Applicability of other rules. On any procedural...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.2] [Page 678] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart A--General Provisions Sec. 2700.2 Definitions. For purposes of this part, the definitions contained in section 3 of the Act, 30 U.S.C. 802, apply. ...


any State, Territory, District, Commonwealth or possession of the United States are permitted to practice before the Commission. (b) Other persons. A person who is not authorized...


an operator, who is named as a party or who is permitted to intervene, is a party. In a proceeding instituted by the Secretary under section 105(c)(2) of the Act, 30...


Jurisdiction. A proposal for a penalty under section 110, 30 U.S.C. 820; an answer to a notice of contest of a citation or withdrawal order issued under section 104, 30 U.S.C. 814;...


person's signature shall constitute his certificate: (a) That under the provisions of the law, including these rules and all federal conflict of interest statutes, he...


all parties. In addition, a copy of a notice of contest of a citation or order, a petition for assessment of penalty, a discrimination complaint, a complaint for compensation,...


the designated period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or federal holiday, in...


shown. Filing of a motion requesting an extension of time, including a facsimile transmission, is effective upon receipt. A motion requesting an extension of time shall...


hearing or a conference, shall be made in writing and shall set forth the relief or order sought. (b) Written motions shall be set forth in a document separate from...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.11] [Page 682] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart A--General Provisions Sec. 2700.11 Withdrawal of pleading. A party may withdraw a pleading at any stage of a proceeding with the approval of the Judge or the Commission. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.12] [Page 682] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart A--General Provisions Sec. 2700.12 Consolidation of proceedings. The Commission and its Judges may at any time, upon their own motion or a party's motion, order the consolidation of proceedings that involve similar issues. ...


may contest. (1) An operator may contest: (i) A citation or an order issued under section 104 of the Act, 30 U.S.C. 814; (ii) A modification of a citation or an...


notice of contest of a citation or order issued under section 104 of the Act, 30 U.S.C. 814, shall not preclude the operator from challenging, in a penalty proceeding, the fact...


(a) Time to file. A notice of contest of a withdrawal order issued under section 107 of the Act, 30 U.S.C. 817, or any modification or termination of the order, shall be filed with...


or order that modifies or terminates the citation or order under review within 30 days of its receipt. The notice of contest under section 105 or section 107 of...


any other person against whom a penalty is proposed of the violation alleged, the amount of the proposed penalty assessment, and that such person shall have 30 days...


proposed penalty assessment within which to notify the Secretary that he contests the proposed penalty. The Secretary shall immediately transmit to the Commission the notice...


of the Secretary's proposed penalty assessment, the operator or other person fails to notify the Secretary that he contests the proposed penalty, the Secretary's...


days of receipt of a timely contest of a proposed penalty assessment, the Secretary shall file with the Commission a petition for assessment of penalty. (b) Contents....


an answer within 30 days after service of the petition for assessment of penalty. An answer shall include a short [[Page 684]] and plain statement responding to...


penalty in accordance with the six statutory criteria contained in section 110(i) of the Act, 30 U.S.C. 820(i), and incorporate such determination in a written decision....


may be settled only with the approval of the Commission upon motion. (b) Settlement motion. A motion to approve a penalty settlement shall include the...


shall be filed within 90 days after the beginning of the period during which the complainants are idled or would have been idled by the order that gives rise to...


statement of the facts giving rise to the claim, including the period for which compensation is claimed; (b) The total amount of the compensation claimed, if known; and ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.37] [Page 684] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart D--Complaints for Compensation Sec. 2700.37 Answer. Within 30 days after service of a complaint for compensation, the operator shall file an answer responding to each allegation of the complaint. ...


of the Act, 30 U.S.C. 815(c)(2), shall be filed by the Secretary if, after an investigation conducted pursuant to section 105(c)(2), the Secretary determines that...


the Secretary within 30 days after his written determination that a violation has occurred. (b) Miner, representative of miners, or applicant for employment....


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.42] [Page 685] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart E--Complaints of Discharge, Discrimination or Interference Sec. 2700.42 Contents of complaint. A discrimination complaint shall include a short and plain statement of the facts, setting forth the alleged discharge, discrimination or interference, and a statement of the relief requested. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.43] [Page 685] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart E--Complaints of Discharge, Discrimination or Interference Sec. 2700.43 Answer. Within 30 days after service of a discrimination complaint, the respondent shall file an answer responding to each allegation of the complaint. ...


of penalty in Secretary's complaint. A discrimination complaint filed by the Secretary shall propose a civil penalty of a specific amount for the alleged violation of...


each document filed with the Commission in a temporary reinstatement proceeding shall be served on all parties by personal delivery, including courier service, by certified...


an application for temporary relief from any modification or termination of any order or from any order issued under section 104 of the Act, 30 U.S.C. 814, may be...


(1) A showing of substantial likelihood that the findings and decision of the Judge or the Commission will be favorable to the applicant; (2) A statement of the specific...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.50] [Page 686] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart G--Hearings Sec. 2700.50 Assignment of Judges. Judges shall be assigned cases in rotation as far as practicable. ...


give due regard to the convenience and necessity of the parties or [[Page 687]] their representatives and witnesses, the availability of suitable...


a party may request expedition of proceedings by oral motion, with concurrent notice to all parties, or may file and serve such motion by facsimile. Oral motions shall...


conference, either in person or by telephone. The participants at any such conference may consider and take action with respect to: (1) The formulation and...


the hearing, the legal authority under which the hearing is to be held, and the matters of fact and law asserted shall be given to all parties at least 20 days before the date...


(b) Issue subpoenas authorized by law; (c) Rule on offers of proof and receive relevant evidence; (d) Order depositions to be taken; (e) Regulate...


following methods: Depositions upon oral examination or written questions; written interrogatories; or requests for admissions, for production of documents or objects or...


person, including a party, by deposition upon oral examination or written interrogatories. (b) Orders for deposition. If the parties are unable to agree, the time, place,...


party, without leave of the Judge, may serve written interrogatories upon another party. A party served with interrogatories shall answer each interrogatory separately and...


respond to a discovery request or upon an objection to such a request, the party seeking discovery may file a motion with the Judge requesting an order compelling discovery....


its Judges are authorized to issue subpoenas, on their own motion or on the oral or written application of a party, requiring the attendance of witnesses and the production...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.61] [Page 689] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart G--Hearings Sec. 2700.61 Name of miner informant. A Judge shall not, except in extraordinary circumstances, disclose or order a person to disclose to an operator or his agent the name of an informant who is a miner. ...


to disclose to an operator or his agent the name of a miner who is expected by the Judge to testify or whom a party expects to summon or call as...


or cumulative is admissible. (b) The proponent of an order has the burden of proof. A party shall have the right to present his case or defense by oral...


any proceeding before the Commission shall be retained with the official record of the proceeding. The withdrawal of original exhibits may be permitted by the Commission or...


fact, conclusions of law, and orders, together with supporting briefs. The proposals shall be served upon all parties, and shall contain adequate references to the record...


a Judge or these rules, except as provided in paragraph (b) of this section, an order to show cause shall be directed to the party before the entry of any order of default...


a proceeding and no later than 10 days before the date fixed for the hearing on the merits, a party may move the Judge to render summary decision disposing of all or part...


assigned to him shall be reassigned to a substitute Judge. (b) Substitution following a hearing. The substitute Judge may render a decision based upon...


constitutes his final disposition of the proceedings. The decision shall be in writing and shall include all findings of fact and conclusions of law, and the reasons...


by a Judge's decision or order may file with the Commission a petition for discretionary review within 30 days after issuance of the decision or order. Filing of a...


a Judge's decision, the Commission may, by the affirmative vote of at least two of the Commissioners present and voting, direct the case for review on its own motion....


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.72] [Page 692] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart H--Review by the Commission Sec. 2700.72 Unreviewed decisions. An unreviewed decision of a Judge is not a precedent binding upon the Commission. ...


move to intervene. A motion to intervene shall be filed within 30 days after the Commission's direction for review unless the Commission, for good cause shown, allows a...


review, any person may move to participate as amicus curiae. Such participation before the Commission shall not be a matter of right but of the sound discretion of...


Commission grants a petition for discretionary review, the petitioner shall file his opening brief. If the petitioner desires, he may notify the Commission and all other parties...


a matter of right but of the sound discretion of the Commission. Procedures governing petitions for review of temporary reinstatement orders are found at Sec. 2700.45(f). ...


motion of a party. A party requesting oral argument shall do so by separate motion no later than the time that it files its opening or...


days after a decision or order of the Commission. Any response must be filed with the Commission within 10 days of service of the petition. (b) Unless the...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2700.79] [Page 694] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2700--PROCEDURAL RULES--Table of Contents Subpart H--Review by the Commission Sec. 2700.79 Correction of clerical errors. The Commission may correct clerical errors in its decisions at any time. ...


before the Commission and Commission Judges shall conform to the standards of ethical conduct required of practitioners in the courts of the United States. ...


whenever he deems such action appropriate. (b) Request to withdraw. A party may request a Commissioner or a Judge to withdraw on grounds of personal bias or...


(1) Ex parte communication means an oral or written communication not on the public record concerning any matter or proceeding with respect to which reasonable prior...


696]] behalf of the Commissioners, orders disposing of the following procedural motions: motions for extensions of time, motions for permission to...


take effect. They also apply to further proceedings in cases then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in...


in this part are intended to open, to the extent practicable, the meetings of the Commission to public observation while preserving the Commission's ability to fulfill...


concerning the disposition by the Commission of a formal adjudication. See 5 U.S.C. 522b(c)(10). (b) Closure. Meetings may be closed, or certain information about...


days before a meeting, the time, place, subject matter of a meeting, whether it is to be open or closed, and the name and phone number of the Commission employee who will respond...


person whose interest may be directly affected by the opening of a meeting may request that the meeting be closed. Two copies of a request shall be filed in writing with...


U.S.C. 552b that was taken by any employee or member of the Commission. The petition shall be in writing and shall be filed with the Executive Director within 30 days of...


open meeting do not constitute actions of the Commission, nor do they necessarily represent the basis for any Commission action. Comments made by a Commissioner or an employee of...


may be subject to closure, including meetings concerning adjudication of cases, the Commission may find it necessary in the public interest to close meetings. The purpose of...


to adjudicate contests between the Mine Safety and Health Administration of the U.S. Department of Labor and private parties, as well as certain disputes solely between...


DC 20001. It has two offices for Administrative Law Judges, one at 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001, and the other at 1244 Speer Boulevard,...


Executive Director, Federal Mine Safety and Health Review Commission, 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001. The words ``Freedom of Information Act...


(a) A guide for requesting records or publicly available information from the Commission; (b) Final opinions, including concurring and dissenting opinions, as...


the full direct costs of searching for, reviewing for release, and duplicating the records sought. (b) When records are being requested by educational or...


and $30 per hour for professional time. Fees for searches of computerized records shall be the actual cost to the Commission but shall not exceed $300 per hour. This...


if the anticipated cost of processing and collecting the fee would be equal to or greater than the fee itself. Accordingly, the Commission has determined that fees of...


an advance payment (before work is commenced or continued on a request) may be required if the charges are likely to exceed $250. (b) Requesters who have...


Review Commission are subject to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635; the Commission's regulations at 5 CFR part 8401, which...


designated agency ethics official, and an individual to serve in an acting capacity in the absence of the primary designated agency ethics official (alternate designated...


Access to Justice Act, 5 U.S.C. 504, provides for the award of attorney fees and other expenses to eligible individuals and entities who are parties to certain...


have the following meaning when used in these rules: Adjudication Officer, as defined in 5 U.S.C. 504(b)(1)(D), means the Commission's administrative law judge who...


to adversary adjudications before the Commission pending or commenced on or after August 5, 1984. Section 2704.105(b) applies to adversary adjudications commenced on or...


applies to adversary adjudications conducted by this Commission. These are adjudications before the Commission arising under the Mine Act in which the position of the Secretary...


be eligible for an award of attorney fees and other expenses under the Act, the applicant must be a party to the adversary adjudication for which it seeks an award. The term ``party''...


applicant may receive an award of fees and expenses incurred in connection with a proceeding, or in a significant and discrete substantive portion of the proceeding, unless...


will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if the services were made available...


(a) If warranted by an increase in the cost of living or by special circumstances (such as limited availability of attorneys qualified to handle certain types...


an award under Sec. 2704.105(a) or (b), the award shall be made by the Commission against the Department of Labor. [63 FR 53176, Nov....


authority to take final action on matters pertaining to the Equal Access to Justice Act in actions arising under the Mine Act. The Commission may, however, by...


Source: 63 FR 63176, Nov. 12, 1998, unless otherwise noted. (a) An application for an award of fees and expenses under the Act shall be made to the...


applicant has prevailed. (a) An application for an award under Sec. 2704.105(a) shall show that the applicant has prevailed in a significant and discrete...


demand is substantially in excess of the judgment finally obtained and unreasonable. (a) An application for an award under Sec. 2704.105(b) shall show that...


Ordinarily, the net-worth and annual-receipts exhibits will be included in the public record of the proceeding. However, an applicant that objects to public disclosure...


The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project or...


(a) An application may be filed whenever the applicant has prevailed in the underlying proceeding or in a significant and discrete substantive portion of that proceeding....


Any application for an award or other pleading or other document related to an application, including a petition for discretionary review, shall be filed and served on...


(a) Within 30 days after service of an application, counsel representing the Secretary of Labor may file an answer to the application. Unless counsel requests an extension of time...


service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with...


Any party to a proceeding other than the applicant and counsel for the Secretary of Labor may file comments on an application within 30 days after it is served or on an answer...


counsel for the Secretary and an applicant agree to settle an EAJA claim after an application has been filed with the Commission, the applicant shall timely notify the...


(a) The determination of an award will be made on the basis of the record made during the proceeding for which fees and expenses are sought, except as provided...


The administrative law judge shall issue an initial decision on the application within 75 days after completion of proceedings on the application. In all decisions...


(a) Either the applicant or the Secretary of Labor may seek review by the Commission of the initial decision by the administrative law judge, but review shall be discretionary with...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2704.309] [Page 710] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2704--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS--Table of Contents Subpart C--Procedures for Considering Applications Sec. 2704.309 Judicial review. Judicial review of final Commission decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...


awards made under the Equal Access to Justice Act by final orders of the Commission or its administrative law judge shall be in accordance with the applicable rules of...


Safety and Health Review Commission, hereafter the ``Commission'', maintains a system of records which includes a record pertaining to the individual; and (b) Establish...


for permanent residence; (b) The term maintain includes maintain, collect, use of disseminate; (c) The term record means any item, collection or grouping...


a system of records named by the individual contains a record pertaining to the individual. If a record pertaining to the individual does exist in the specified system...


the Commission pursuant to Sec. 2705.3 shall present a [[Page 711]] written request at the Commission Office, 601 New Jersey Avenue, NW., Suite 9500,...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2705.5] [Page 711] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2705--PRIVACY ACT IMPLEMENTATION--Table of Contents Sec. 2705.5 Access to requested information to the individual. As soon as practicable after verification of identity the Commission shall disclose to the individual the information contained in the record which pertains to that individual. ...


to correct or to amend his or her record and details the specific corrections or amendments sought. This request is to be made in accord with provisions of...


record, the Executive Director will acknowledge in writing such receipt and promptly either-- (a) Make any correction or amendment to that portion of the record which...


Director to correct or to amend his or her record may submit a request for a review of such refusal to the Chairman, Federal Mine Safety and Health Review Commission,...


than the individual to whom the record pertains without receiving the prior written consent of the individual to whom the record pertains, unless the disclosure has been...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2705.10] [Page 711] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2705--PRIVACY ACT IMPLEMENTATION--Table of Contents Sec. 2705.10 Fees. If an individual requests copies of his or her record, he or she will be charged a reasonable fee, excluding the cost of any search for review of the record, in advance of receipt of the pages. [[Page 712]] ...


section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2706.102] [Page 712] TITLE 29--LABOR CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION PART 2706--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION--Table of Contents Sec. 2706.102 Application. This part applies to all programs or activities conducted by the agency. ...


of this part, the term-- Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary...


(a) The agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to...


make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability...


(a) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected...


person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions,...


Except as otherwise provided in Sec. 2706.150, no qualified handicapped person shall, because the agency's facilities are inaccessible to or unusable...


(a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and...


alterations. Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed,...


(a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1)...


(a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted...




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