Page:United States Statutes at Large Volume 91.djvu/1339

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1305

plaint. If upon such investigation, the Secretary determines that the Complaint, filing provisions of this subsection have been violated, he shall immediately with Commission. file a complaint with the Commission, with service upon the alleged violator and the miner, applicant for employment, or representative of miners alleging such discrimination or interference and propose an order granting appropriate relief. The Commission shall afford an Hearing. opportunity for a hearing (in accordance with section 554 of title 5, Findings, order. United States Code, but without regard to subsection (a)(3) of such Relief. section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary's proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation as the Commission deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay and interest. The complaining miner, applicant, or representative of miners may present additional evidence on his own behalf during any hearing held pursuant to his paragraph. "(3) Within 90 days of the receipt of a complaint filed under para- Violations. graph (2), the Secretary shall notify, in writing, the miner, appli- Determination, cant for employment, or representative of miners of his determination notification. whether a violation has occurred. If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days of notice of the Secretary's determination, to file an action in his own behalf before the Commission, charging discrimination or interference in violation of paragraph (1). The Commission shall afford an opportunity Hearing. -• for a hearing (in accordance with section 554 of title 5, United States Findings, order. Code, but without regard to subsection (a)(3) of such section), and Relief. thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant's charges and, if the charges are sustained, granting such relief as it deems appropriate, including, but not limited to, an order requiring the rehiring or reinstatement of the miner to his former position with back pay and interest or such remedy as may be appropriate. Such order shall become final 30 days after its issuance. "Whenever an order is issued sustaining the complainant's Proceedings charges under this subsection, a sum equal to the aggregate amount expenses, of all costs and expenses (including attorney's fees) as determined by assessment. the Commission to have been reasonably incurred by the miner, applicant for employment or representative of miners for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. Proceedings under this section shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this paragraph Judicial review. shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) shall be subject to the provisions of sections 108 and 110(a). "(d) If, within 30 days of receipt thereof, an operator of a coal or Contestations, other mine notifies the Secretary that he intends to contest the issuance advisement to or modification of an order issued under section 104, or citation or a Commission. notification of proposed assessment of a penalty issued under subsec- Hearing. tion (a) or (b) of this section, or the reasonableness of the length of Findings, order. abatement time fixed in a citation or modification thereof issued Relief. under section 104, or any miner or representative of miners notifies the Secretary of an intention to contest the issuance, modification, or termination of any order issued under section 104, or the reasonable-

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