30 C.F.R. § 104.4
Termination of notice
(a) Termination of a section 104(e)(1) pattern of violations notice shall occur when an MSHA inspection of the entire mine finds no S&S violations or if MSHA does not issue a withdrawal order in accordance with section 104(e)(1) of the Mine Act within 90 days after the issuance of the pattern of violations notice.
(b) The mine operator may request an inspection of the entire mine or portion of the mine. MSHA will not provide advance notice of the inspection and will determine the scope of the inspection. Inspections of portions of the mine, within 90 days, that together cover the entire mine shall constitute an inspection of the entire mine for the purposes of this part.
Notes of Decisions
Cited in 3
cases, 2013–2019 · leading case: Ohio Coal Ass'n v. Perez, 192 F. Supp. 3d 882 (S.D. Ohio 2016).
Ohio Coal Ass'n v. Perez, 192 F. Supp. 3d 882 (S.D. Ohio 2016). “30 C.F.R. § 104.4 (a)(1)—(4) (1990). Only after this potential pattern of violation notice (or “PPOV Notice”) could the MSHA initiate the process that could culminate in the MSHA issuing a POV Notice.”
Big Ridge, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 715 F.3d 631 (7th Cir. 2013). “§ 814 (e) (authorizing withdrawal orders after a POV notice); 30 C.F.R. § 104.4 (requiring mine operators to post all POV notifications and listing actions a mine operator may be required to take upon issuance of a POV notice).”
United Mine Workers of Am., Int'l Union v. Zatezalo (S.D.W. Va 2019). “The complaint alleges that this unlawful termination injured the Plaintiff by “discard[ing] the process for terminating a POV Notice contained in Section 104(e)(3) of the Mine Act and 30 C.F.R. § 104.4 of the regulations and replac[ing] it with another process that was not…”
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