C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER P—CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY AND HEALTH ACT OF 1977 › PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES

30 C.F.R. § 100.7

Notice of proposed penalty; notice of contest

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(a) A notice of proposed penalty will be issued and served by certified mail, or the equivalent, upon the party to be charged and by regular mail to the representative of miners at the mine after the time permitted to request a conference under § 100.6 expires, or upon the completion of a conference, or upon review by MSHA of additional information submitted in a timely manner.

(b) Upon receipt of the notice of proposed penalty, the party charged shall have 30 days to either:

(1) Pay the proposed assessment. Acceptance by MSHA of payment tendered by the party charged will close the case.

(2) Notify MSHA in writing of the intention to contest the proposed penalty. When MSHA receives the notice of contest, it advises the Federal Mine Safety and Health Review Commission (Commission) of such notice. No proposed penalty which has been contested before the Commission shall be compromised, mitigated or settled except with the approval of the Commission.

(c) If the proposed penalty is not paid or contested within 30 days of receipt, the proposed penalty becomes a final order of the Commission and is not subject to review by any court or agency.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2016–2026 · leading case: Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth Re, 841 F.3d 661 (5th Cir. 2016).
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Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth Re, 841 F.3d 661 (5th Cir. 2016). “30 C.F.R. § 100.7 (b)(2). An operator may challenge a penalty assessment without challenging the underlying citation.”
Sec'y of Labor v. Westfall Aggregate & Materials, Inc., 69 F.4th 902 (D.C. Cir. 2023). · cites it 2× “25 ; 30 C.F.R. §§ 100.7 (a), 100.8(a). If the mine operator does not respond within thirty days to MSHA’s proposed penalty assessment by either paying the fine or notifying the agency of its intention to contest, the proposed penalty is deemed a final order of the Commission and…”
Sec'y of Labor v. Indus. TurnAround Corp., 138 F.4th 1339 (D.C. Cir. 2025). · cites it 2× “§ 815 (a); 30 C.F.R. § 100.7 (a). Service of that notice is deemed “completed upon delivery .”
Sec'y of Labor v. Westfall Aggregate & Materials, Inc. (AMENDED OPINION) (D.C. Cir. 2023). · cites it 2× “25 ; 30 C.F.R. §§ 100.7 (a), 100.8(a). If the mine operator does not respond within thirty days to MSHA’s proposed penalty assessment by either paying the fine or notifying the agency of its intention to contest, the proposed penalty is deemed a final order of the Commission and…”
Sec'y of Labor v. Knight Hawk Coal, LLC (D.C. Cir. 2026). · cites it 2× “” 30 C.F.R. § 100.7 (a). The notice imposes a monetary penalty for the alleged violation.”
Tintic Consol. Metals v. Sec'y of Labor (10th Cir. 2025). “§ 815 (a); see also 30 C.F.R. § 100.7 (b)(2). “If the mine operator does not respond within thirty days to MSHA’s proposed penalty assessment by either paying the fine or notifying the agency of its intention to contest, the proposed penalty is deemed a 2 Appellate Case: 24-9560…”
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