Page:United States Statutes at Large Volume 91.djvu/1337

 PUBLIC LAW 95-164—NOV. 9, 1977 the Secretary or an authorized representative shall issue an order under this section which declares such miner to be a hazard to himself and to others, and requiring that such miner be immediately withdrawn from the coal or other mine, and be prohibited from entering such mine until an authorized representative of the Secretary determines that such miner has received the training required by section 115 of this Act. " (2) No miner who is ordered withdrawn from a coal or other mine under paragraph (1) shall be discharged or otherwise discriminated against because of such order; and no miner who is ordered withdrawn from a coal or other mine under paragraph (1) shall suffer a loss of compensation during the period necessary for such miner to receive such training and for an authorized representative of the Secretary to determine that such miner has received the requisite training. "(h) Any citation or order issued under this section shall remain in effect until modified, terminated or vacated by the Secretary or his authorized representative, or modified, terminated or vacated by the Commission or the courts pursuant to section 105 or 106.

91 STAT. 1303

Withdrawn miner, nondiscrimination.

a PROCEDURE FOR ENFORCEMENT

"SEC. 105. (a) If, after an inspection or investigation, the Secretary Penalty, citation issues a citation or order under section 104, he shall, within a reason- or order, able time after the termination of such insjjection or investigation, notification. notify the operator by certified mail of the civil penalty proposed to Contestation. be assessed under section 110(a) for the violation cited and that the 30 USC 815. operator has 30 days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. A Copy. copy of such notification shall be sent by mail to the representative of miners in such mine. If, within 30 days from the receipt of the notification issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any miner or representative of miners under subsection (d) of this section within such time, the citation and the proposed assessment of penalty shall be deemed a final order of the Commission and not subject to review by any court or agency. Kefusal by the operator or his agent to accept certified mail containing a citation and proposed assessment of penalty under this subsection shall constitute receipt thereof within the meaning of this subsection. "(b)(1)(A) If the Secretary has reason to believe that an operator Violation has failed to correct a violation for which a citation has been issued correction, within the period permitted for its correction, the Secretary shall failure. notify the operator by certified mail of such failure and of the penalty Notification. proposed to be assessed under section 110(b) by reason of such failure and that the operator has 30 days within which to notify the Secretary that he wishes to contest the Secretary's notification of the proposed assessment of penalty. A copy of such notification of the proposed Copy. assessment of penalty shall at the same time be sent by mail to the representative of the mine employees. If, within 30 days from the receipt of notification of proposed assessment of penalty issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the notification of proposed assessment of penalty, such notification shall be deemed a final order of the Commission and not subject to review by any court or agency. Kefusal by the operator or his agent to accept certified mail containing a notification of proposed assessment

�