29 C.F.R. Subpart C—Contests of Proposed Penalties
Title 29 - Labor
The Secretary, by certified mail, shall notify the operator or 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 to notify the Secretary that he wishes to contest the proposed penalty assessment.
Link to an amendment published at 71 FR 44207, Aug. 4, 2006. A person has 30 days after receipt of the 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 contest. If, within 30 days from the receipt 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 proposed penalty assessment shall be deemed to be a final order of the Commission not subject to review by any court or agency.
Link to an amendment published at 71 FR 44207, Aug. 4, 2006. (a) Time to file. Within 45 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. The petition for assessment of penalty shall list the alleged violations and the proposed penalties. Each violation shall be identified by the number and date of the citation or order and the section of the Act or regulations alleged to be violated. The petition for assessment of penalty shall state whether the citation or order has been contested and the docket number of any contest. The petition for assessment of penalty shall advise the party against whom a penalty is filed that he has 30 days to file an answer pursuant to §2700.29. (c) Attachments. A legible copy of each citation or order for which a penalty is sought shall be attached to the petition for assessment of penalty. If a legible copy is not available, the petition for assessment of penalty shall set forth the text of the citation or order. A party against whom a petition for assessment of penalty is filed shall file an answer within 30 days after service of the petition for assessment of penalty. An answer shall include a short and plain statement responding to each allegation of the petition. (a) In assessing a penalty the Judge shall determine the amount of 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. The decision shall contain findings of fact and conclusions of law on each of the statutory criteria and an order requiring that the penalty be paid. (b) In determining the amount of penalty, neither the Judge nor the Commission shall be bound by a penalty proposed by the Secretary or by any offer of settlement made by a party. (a) General. A proposed penalty that has been contested before the Commission 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 following information for each violation: (1) The amount of the penalty proposed by the Secretary; (2) The amount of the penalty agreed to in settlement; and (3) Facts in support of the penalty agreed to by the parties. (c) Order approving settlement. Any order by the Judge approving a settlement shall set forth the reasons for approval and shall be supported by the record. Such order shall become the final decision of the Commission 40 days after issuance unless the Commission has directed that the order be reviewed.
Title 29: Labor
PART 2700—PROCEDURAL RULES
Subpart C—Contests of Proposed Penalties
§ 2700.25 Proposed penalty assessment.
§ 2700.26 Notice of contest of proposed penalty assessment.
§ 2700.27 Effect of failure to contest proposed penalty assessment.
§ 2700.28 Filing of petition for assessment of penalty with the Commission.
§ 2700.29 Answer.
§ 2700.30 Assessment of penalty.
§ 2700.31 Penalty settlement.
