30 C.F.R. § 723.18

Procedures for assessment conference

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(a) The Office shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 30 days from the date the proposed assessment or reassessment is received.

(b)(1) The Office shall assign a conference officer to hold the assessment conference. The assessment conference shall not be governed by section 554 of title 5 of the United States Code, regarding requirements for formal adjudicatory hearings. The assessment conference shall be held within 60 days from the date the conference request is received or the end of the abatement period, whichever is later.

(2) The Office shall post notice of the time and place of the conference at the regional, district or field office closest to the mine at least 5 days before the conference. Any person shall have a right to attend and participate in the conference.

(3) The conference officer shall consider all relevant information on the violation. Within 30 days after the conference is held, the conference officer shall either:

(i) Settle the issues, in which case a settlement agreement shall be prepared and signed by the conference officer on behalf of the Office and by the person assessed; or

(ii) Affirm, raise, lower, or vacate the penalty.

(4) An increase or reduction of a proposed civil penalty assessment of more than 25 percent and more than $500 shall not be final and binding on the Secretary, until approved by the Director or his designee.

(c) The conference officer shall promptly serve the person assessed with a notice of his or her action in the manner provided in 30 CFR 723.17(b) and shall include a worksheet if the penalty has been raised or lowered. The reasons for the conference officer's action shall be fully documented in the file.

(d)(1) If a settlement agreement is entered into, the person assessed will be deemed to have waived all rights to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a clause to this effect.

(2) If full payment of the amount specified in the settlement agreement is not received by the Office within 30 days after the date of signing, the Office may enforce the agreement or rescind it and proceed according to paragraph (b)(3)(ii) of this section within 30 days from the date of the rescission.

(e) The conference officer may terminate the conference when he determines that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues.

[45 FR 58783, Sept. 4, 1980, as amended at 53 FR 3674, Feb. 8, 1988; 56 FR 10063, Mar. 8, 1991]

Notes of Decisions

Cited in 10 cases, 1982–2005 · leading case: B & M Coal Corp. v. Off. of Surface Mining Reclamation & Enf't, 531 F. Supp. 677 (S.D. Ind. 1982).

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B & M Coal Corp. v. Off. of Surface Mining Reclamation & Enf't, 531 F. Supp. 677 (S.D. Ind. 1982). · cites it 11× “17 , B & M Coal petitioned the Department of the Interior’s Office of Hearings and Appeals (Hearings Office) to review the proposed penalties in accordance with 30 C.F.R. § 723.18 and 43 C.F.R. § 4.1150 .”

Blackhawk Mining Co., Inc. v. Cecil D. Andrus, Sec'y, Dep't of the Interior & United States of Am., 711 F.2d 753 (6th Cir. 1983). · cites it 2× “30 C.F.R. § 723.18 (a). Prepayment of the proposed penalty into escrow is not a prerequisite to this “assessment conference.”

United States v. Crooksville Coal Co., Inc., 560 F. Supp. 141 (S.D. Ohio 1982). · cites it 2× “30 C.F.R. § 723.18 ; 43 C.F.R. § 4.1157 .”

B & M Coal Corp., Counter-Defendant-Appellant v. Off. of Surface Mining Reclamation & Enf't, Counter-Claimant-Appellee, 699 F.2d 381 (7th Cir. 1983). “See 30 C.F.R. § 723.18 (a), 43 C.F.R. § 4.1152 (b)(1) (1979).”

Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005). “30 C.F.R. §§ 723.18 & 845.18. However, if the permittee does not request the expedited hearing on the fact of violation, the permittee must prepay the proposed penalty assessment into escrow in order to obtain further review of either the fact of violation or the proposed…”

United States v. Hill, 533 F. Supp. 810 (E.D. Tenn. 1982). “§ 1268 (c); 30 C.F.R. § 723.18 ; 43 C.F.R. §§ 4.1150 et seq.”

Nat'l Coal Ass'n & Am. Mining Cong. v. Manuel Lujan, Jr., Sec'y of the Interior, 979 F.2d 1548 (D.C. Cir. 1992). “See 30 C.F.R. § 723.18 (1991); 30 C.F.R. § 845.”

John Walters Coal Co. v. Watt, 553 F. Supp. 838 (E.D. Ky. 1982). “§ 1268 (c); 30 CFR § 723.18 ; 43 CFR §§ 4.1150 , et seq.”

United States v. Log Mountain Mining Co., 550 F. Supp. 811 (E.D. Tenn. 1982). “§ 1268 (c); 30 C.F.R. § 723.18 ; 43 C.F.R. §§ 4.1150 et seq.”

Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005). “30 C.F.R. §§ 723.18 & 845.18. However, if the permittee does not request the expedited hearing on the fact of violation, the permittee must prepay the proposed penalty assessment into escrow in order to obtain further review of either the fact of violation or the proposed…”

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