C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 726—BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE › Subpart D—Civil Money Penalties

20 C.F.R. § 726.317

Discretionary review

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(a) Following receipt of a timely petition for review, the Administrative Review Board (Board) shall determine whether the decision warrants review, and shall send a notice of such determination to the parties and the Chief Administrative Law Judge. If the Board declines to review the decision, the Administrative Law Judge's decision shall be considered the final decision of the agency. The Board's determination to review a decision by an Administrative Law Judge under this subpart is solely within the discretion of the Board.

(b) The Board's notice shall specify:

(1) The issue or issues to be reviewed; and

(2) The schedule for submitting arguments, in the form of briefs or such other pleadings as the Board deems appropriate.

(c) Upon receipt of the Board notice, the Director shall forward the record to the Board.

[86 FR 1779, Jan. 11, 2021]
Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: Rockwood Cas. Ins. Co. v. Dir., Office of Workers' Comp. Programs
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Rockwood Cas. Ins. Co. v. Dir., Office of Workers' Comp. Programs (2019) ca10 “See 20 C.F.R. § 726.317 (a). The "district director" should not be confused with the Director of OWCP, the Department of Labor official charged with administering the BLBA program.”
Rockwood Casualty Insurance v. Director, OWCP (2019) ca10 “See 20 C.F.R. § 726.317 (a). 4 The “district director” should not be confused with the Director of OWCP, the Department of Labor official charged with administering the BLBA program.”
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