Scheme: 
FMSHCITA0002
Case Type Number: 
4
Statute (Common Name): 
Mine Act
Program Area: 
Health & Safety
Legal Authorities (Statute/Exec. Order): 
Mine Act Sec. 105(c) (30 U.S.C. § 815(c))
Regulatory Authorities (CFR): 
29 C.F.R. Part 2700 Subpart E;
Filed By: 
Federal Agency
Brief Description of Case Type: 
Temporary Reinstatement Proceedings (29 C.F.R. § 2700.45; Mine Act Sec. 105(c)(2) (30 U.S.C. § 815(c)(2)) Temporary reinstatement proceedings involve cases in which a miner has filed a complaint with MSHA stating that he or she has suffered discrimination and the miner has lost his or her position. An application for temporary reinstatement shall state the Secretary of Labor's finding that the miner's discrimination complaint was not frivolously brought and shall be accompanied by an affidavit setting forth the Secretary's reasons supporting his finding. The application also shall include a copy of the miner's complaint to the Secretary, and proof of notice to and service on the person against whom relief is sought by the most expeditious method of notice and delivery reasonably available.
Relief Available in Actions Filed By Private Parties: 
Employment - Relief from Adverse Action
Verified by Agency: 
Not verified