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1 |
2 |
3 |
4 |
5 |
6 |
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Filing of complaint with the Secretary |
Filing of complaint by the Secretary |
Complaint by the Miner or Representative of Miners |
Contents of Complaint |
Answer |
Petition for Assessment of Civil Penalty |
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60 days after violation |
30 days after written determination of violation |
30 days after written determination of violation |
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30 days after service of complaint |
At the time of the Secretary's complaint; or 45 days after notification of decision sustaining miner's complaint |
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30 U.S.C. Section: |
29 C.F.R. Section(s): |
|
815(c)(2) |
2700.40(a)
2700.41(a) |
2700.40(b)
2700.41(b) |
2700.42 |
2700.43 |
2700.44 |
1. Within 60 days of a violation, any miner, or representative of miners, who believes he has been discharged, interfered with, or discriminated against in violation of the Mine Act, may file a complaint with the Secretary. The Secretary shall commence an investigation within 15 days of receipt of the complaint. Within 90 days of receipt of the complaint, the Secretary shall notify the miner, or representative of miners, of his determination of whether a violation has occurred.
2. The Secretary must file a discrimination complaint within 30 days of his written determination that a violation has occurred.
3. A discrimination complaint by a miner, representative of miners, or applicant for employment must be filed within 30 days of the Secretary's determination that no violation has occurred.
4. A discrimination complaint must contain a short and plain statement of the facts setting forth the alleged discrimination and the relief requested.
5. Within 30 days after service of the complaint, the respondent must file an answer responding to each allegation in the complaint.
6. At the time of the Secretary's complaint, he must file a proposed penalty and supporting reasons. Within 45 days after a judge's notification of the Secretary that the judge has sustained a miner's discrimination complaint, the Secretary must file a proposed penalty. | 
