30 CFR § 100.6
Procedures for review of citations and orders; procedures for assessment of civil penalties and conferences.
(a) All parties shall be afforded the opportunity to review with MSHA each citation
and order issued during an inspection. It is within the sole discretion of MSHA to grant a request for a
conference and to determine the nature of the conference.
(b) Upon notice by MSHA, all parties will have 10 days within which to submit
additional information or request a safety and health conference with the
District Manager or designee. A
conference request may include a request to be notified of, and to participate
in, a conference initiated by another party. A conference request must be in writing and must include a brief
statement of the reason why each citation or order should be conferenced.
(c) When a conference is conducted, the parties may submit any additional relevant
information relating to the violation, either prior to or at the
conference. To expedite the conference,
the official assigned to the case may contact the parties to discuss the issues
involved prior to the conference.
(d) MSHA will consider all relevant information submitted in a timely manner by the
parties with respect to the violation. When the facts warrant a finding that no violation occurred, the
citation or order will be vacated. Upon
conclusion of the conference, or expiration of the conference request period,
all citations that are abated and all orders will be promptly referred to MSHA's
Office of Assessments. The Office of
Assessments will use the citations, orders, and inspector's evaluation as the
basis for determining the appropriate amount of a proposed penalty.
For more information: See MSHA's Program Policy Manual