Page:United States Statutes at Large Volume 91.djvu/1341

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1307

"(2) In the case of a proceeding to review any order or decision issued by the Commission under this Act, except an order or decision pertaining to an order issued under section 107(a) or an order or decision pertaining to a citation issued under section 104(a) or (f), the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding, if— "(A) all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief; "(B) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and "(C) such relief will not adversely affect the health and safety of miners in the coal or other mine. "(3) In the case of a proceeding to review any order or decision issued by the Panel under this Act, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding, if— "(A) all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief; and "(B) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding. "(b) The Secretary may also obtain review or enforcement of any final order of the Commission by filing a petition for such relief in the United States court of appeals for the circuit in which the alleged violation occurred or in the Court of Appeals for the District of Columbia Circuit, and the provisions of subsection (a) shall govern such proceedings to the extent applicable. If no petition for review, as provided in subsection (a), is filed within 30 days after issuance of the Commission's order, the Commission's findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Secretary after the expiration of such 30-day period. In any such case, as well as in the case of a noncontested citation or notification by the Secretary which has become a final order of the Commission under subsection (a) or (b) of section 105, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary and the operator named in the petition. In any contempt proceeding brought to enforce a decree of a court of appeals entered pursuant to this subsection or subsection (a), the court of appeals may assess the penalties provided in section 110, in addition to invoking any other available remedies. "(c) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the Commission or the Panel.

Temporary relief,

((PROCEDURES

Notice and hearing.

Temporary relief,

Notice and hearing.

Petition for relief,

Enforcement decree,
 * ^°Py-

TO COUNTERACT DANGEROUS CONDITIONS

"SEC. 107. (a) If, upon any inspection or investigation of a coal or Withdrawal other mine which is subject to this Act, an authorized representative order. of the Secretary finds that an imminent danger exists, such representa- 30 USC 817. tive shall determine the extent of the area of such mine throughout which the danger exists, and issue an order requiring the operator of such mine to cause all persons, except those referred to in section 104

�