30 C.F.R. § 44.13

Proposed decision

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(a) Upon receipt of a petition for modification, the Mine Safety and Health Administration shall cause an investigation to be made as to the merits of the petition. Any party may request that the investigation of the petition for modification be expedited, or that the time period for investigating the petition be extended. Such requests shall be granted in the discretion of the Administrator upon good cause shown.

(b) As soon as is practicable after the investigation is completed, the appropriate Administrator shall make a proposed decision and order, which shall be served upon all parties to the proceeding. The proposed decision shall become final upon the 30th day after service thereof, unless a request for hearing has been filed with the appropriate Administrator, as provided in § 44.14 of this part.

[55 FR 53440, Dec. 28, 1990]

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: Int'l Union, United Mine Workers of Am. v. Mine Saf. & Health Admin., Emerald Mine Corp., Intervenor, 830 F.2d 289 (D.C. Cir. 1987).

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Int'l Union, United Mine Workers of Am. v. Mine Saf. & Health Admin., Emerald Mine Corp., Intervenor, 830 F.2d 289 (D.C. Cir. 1987). “Following the filing of the petition, MSHA conducted a field investigation pursuant to 30 C.F.R. § 44.13 . On June 24, 1983, the Administrator for Coal Mine Safety and Health issued a proposed decision granting Emerald’s petition subject to stated conditions.”

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