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1 |
2 |
3 |
4 |
|
Issuance of Citation or Order |
Issuance of Withdrawal Order |
Notice of Contest |
Answer |
Subsequent Citation or Order |
| |
|
30 days after receipt of citation or order |
20 days after service of notice of contest of citation or order |
15 days after service of notice of contest of withdrawal order |
30 days after receipt of order |
|
30 U.S.C. Section: |
29 C.F.R. Section(s): |
|
814 |
817 |
2700.20(a)-(e)
2700.22 |
2700.20(f) |
2700.22(c) |
2700.23 |
1. The Secretary is authorized to issue a citation or order pursuant to Section 104 of the Mine Act. The Secretary shall issue a withdrawal order requiring an operator to withdraw all persons from an area where an imminent danger exists pursuant to Section 107 of the Mine Act.
2. Notices of Contests of citations or orders under Section 104 of the Mine Act must be filed within 30 days of receipt of the citation or order with the Secretary, who must immediately advise the Commission of the notice. A notice of contest of imminent danger withdrawal orders under Section 107 must be filed with the Commission within 30 days of receipt of the order.
3. The Secretary must file an answer responding to the allegations in the notice of contest of a Section 104 citation or order within 20 days after service of the notice. The Secretary must file an answer responding to allegations in the notice of contest of a Section 107 withdrawal order within 15 days of service of the notice of contest of a withdrawal order.
4. A contesting party must file any subsequent citation or order that modifies or terminates the citation or order under review within 30 days of its receipt. The notice of contest, unless withdrawn, shall be deemed to challenge the subsequent citation an order. Any other person may obtain review of a modification or termination of the citation or order by filing a notice of contest with 30 days of receipt of the citation or order that modifies or terminates the citation or order being reviewed. | 
