30 C.F.R. § 100.6 Procedures for review of citations and orders; procedures for assessment of civil penalties and conferences.
Title 30 - Mineral Resources
(a) All parties shall be afforded the opportunity to review with MSHA each citation and order issued during an inspection. (b) Upon notice by MSHA, all parties shall have 10 days within which to submit additional information or request a safety and health conference with the District Manager or designee. A conference request may include a request to be notified of, and to participate in, a conference initiated by another party. (c) It is within the sole discretion of MSHA to grant a request for a conference and to determine the nature of the conference. (d) When a conference is conducted, the parties may submit any additional relevant information relating to the violation, either prior to or at the conference. To expedite the conference, the official assigned to the case may contact the parties to discuss the issues involved prior to the conference. (e) MSHA will consider all relevant information submitted in a timely manner by the parties with respect to the violation. When the facts warrant a finding that no violation occurred, the citation or order will be vacated. (f) All citations which have been abated and all orders will be promptly referred by the District Manager to the Office of Assessments. (g) The Office of Assessments will use the citations, orders, and inspector's evaluation as the basis for determining the appropriate amount of a proposed penalty.
Title 30: Mineral Resources
PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES
§ 100.6 Procedures for review of citations and orders; procedures for assessment of civil penalties and conferences.
