C.F.R. » Title 29 » CHAPTER XXVII—FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION › PART 2700—PROCEDURAL RULES › Subpart E—Complaints of Discharge, Discrimination or Interference

29 C.F.R. § 2700.44

Petition for assessment of penalty in discrimination or interference cases

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(a) Petition for assessment of penalty in Secretary's complaint. A discrimination or interference complaint filed by the Secretary shall propose a civil penalty of a specific amount for the alleged violation of section 105(c) of the Act, 30 U.S.C. 815(c). The petition for assessment of penalty shall include a short and plain statement of supporting reasons based on the criteria for penalty assessment set forth in section 110(i) of the Act, 30 U.S.C. 820(i).

(b) Petition for assessment of penalty after sustaining of complaint by miner, representative of miners, or applicant for employment. Immediately upon issuance of a decision by an ALJ sustaining a discrimination or interference complaint brought pursuant to section 105(c)(3), 30 U.S.C. 815(c)(3), the ALJ shall notify the Secretary in writing of such determination. The Secretary file with the Commission a petition for assessment of civil penalty within 45 days of receipt of such notice.

[90 FR 5622, Jan. 17, 2025]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1980–2021 · leading case: Zeigler Coal Co. v. Marshall, 502 F. Supp. 1326 (S.D. Ill. 1980).
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Zeigler Coal Co. v. Marshall, 502 F. Supp. 1326 (S.D. Ill. 1980). · cites it 5× “right pursuant to 29 C.F.R. § 2700.44 (Revised as of July 1, 1979).”
Vulcan Constr. Materials, L.P. v. Fed. Mine Saf. & Health Review Comm'n, 700 F.3d 297 (7th Cir. 2012). “” 29 C.F.R. § 2700.44 (1980). The rule remained in effect until 2006.”
S. Ohio Coal Co. v. Donovan, 593 F. Supp. 1014 (S.D. Ohio 1984). · cites it 3× “29 C.F.R. § 2700.44 (a). The defendants have renewed their motion to dismiss this action as moot, arguing that the new procedures obviate the problems of due process found by this Court when the preliminary injunction was granted.”
S. Ohio Coal Co. v. Donovan, 774 F.2d 693 (6th Cir. 1985). · cites it 2× “The Rule, 29 C.F.R. § 2700.44 , permits the Secretary of Labor to require that coal mine operators temporarily reinstate miners who allegedly had been terminated for seeking enforcement of mine safety regulations.”
Jim Walter Resources, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 920 F.2d 738 (11th Cir. 1990). · cites it 3× “See 29 C.F.R. § 2700.44 (b) (1990). The scope of such a hearing “is limited to a determination by [an Administrative Law Judge] as to whether the miner’s complaint is frivolously brought,” with the Secretary bearing the burden of proof on this standard.”
Michael McNary v. MSHR, No. 20-1049 (D.C. Cir. Mar. 2, 2021). “§§ 815 (c)(3), 820(a)(1); 29 C.F.R. § 2700.44 (b). Oral Arg. Tr. 4:14–5:6.”
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