29 C.F.R. § 2700.27
Effect of failure to contest proposed penalty assessment
If, within 30 days from the receipt of the proposed penalty assessment, the operator or other person fails to notify the Secretary of the contest of 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.
Notes of Decisions
Cited in 2
cases, 1984–1995 · leading case: Sellersburg Stone Co. v. Fed. Mine Saf. & Health Review Comm'n, Sec'y of Labor, & Mine Saf. & Health Admin., (Msha), 736 F.2d 1147 (7th Cir. 1984).
Sellersburg Stone Co. v. Fed. Mine Saf. & Health Review Comm'n, Sec'y of Labor, & Mine Saf. & Health Admin., (Msha), 736 F.2d 1147 (7th Cir. 1984). “Several weeks later, on August 8, 1980, the Secretary petitioned the Commission for an assessment of the proposed civil penalties, in accordance with 29 C.F.R. § 2700.27 . A hearing on the petition for assessment took place before an ALJ on December 10, 1981.”
Rhone-Poulenc of Wyoming Co. v. Fed. Mine Saf. & Health Review Comm'n & Sec'y of Labor, Mine Saf. & Health Admin., 57 F.3d 982 (10th Cir. 1995). “Under Commission Procedural Rule 27, 2 29 C.F.R. § 2700.27 (1992), the Secretary was required to file the penalty proposal with the Commission within 45 days of receipt of petitioner’s notice of contest.”
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