Scheme: 
FMSHCITA0002
Case Type Number: 
2
Statute (Common Name): 
Mine Act
Program Area: 
Health & Safety
Legal Authorities (Statute/Exec. Order): 
Mine Act Sec. 105(a) (30 U.S.C. § 815(a))
Regulatory Authorities (CFR): 
29 C.F.R. Part 2700 Subpart C
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
Civil Penalty Proceedings (29 C.F.R. Part 2700 Subpart C; Mine Act Sec. 105(a) (30 U.S.C. § 815(a)) A civil penalty proceeding is a case that an operator may file with the Commission in order to contest a civil penalty MSHA has proposed for a violation described in a citation or order. In assessing a penalty the Judge shall determine the amount of penalty in accordance with the six statutory criteria contained in section 110(i) of the Act, 30 U.S.C. 820(i), and incorporate such determination in a written decision. The decision shall contain findings of fact and conclusions of law on each of the statutory criteria and an order requiring that the penalty be paid.
Relief Available in Actions Filed By Private Parties: 
Reversal of Finding of Violation/Imposition of Penalty
Verified by Agency: 
Not verified