30 CFR § 44.14
Request for hearing
A request for hearing filed in accordance with
§44.13 of
this part must be filed within 30 days after service of the proposed
decision and shall include:
(a) A concise summary of position on the issues of fact or law
desired to be raised by the party requesting the hearing, including specific
objections to the proposed decision. A party other than petitioner who has
requested a hearing shall also comment upon all issues of fact or law
presented in the petition, and
(b) An indication of a desired hearing site.
(c) Partial appeal. (1) If the Administrator has issued a
proposed decision and order granting the requested modification, a request
for hearing on the proposed decision and order may be made by any party based
upon objection to one or more of the terms and conditions of the
Administrator's proposed decision and order. If such a request for hearing is
made, the request should specify which of the terms and conditions should be
the subject of the hearing.
(2) During the pendency of the partial appeal, the
proposed decision and order of the Administrator will become final on the
30th day after service thereof, unless a request for hearing on the proposed
decision and order is filed in accordance with paragraph (a) of this section
by any other party. The decision and order will remain in effect as proposed
by the Administrator until the terms and conditions for which the hearing was
requested are modified, affirmed, or set aside by a final order of the
presiding administrative law judge or the Assistant Secretary. The presiding
administrative law judge shall take such action upon a determination of
whether--
(c)(2)(i) The terms and conditions for which the hearing was
requested are necessary to ensure that the alternative method of achieving
the result of the standard will at all times guarantee to the miners at the
mine at least the same measure of protection afforded to the miners at the
mine by such standard; or
(c)(2)(ii) In the case of a petition involving a finding by
the Administrator of a diminution of safety to the miners caused by
application of the standard at the mine, whether the terms and conditions for
which the hearing was requested are necessary to provide equivalent
protection to the miners at the mine from the hazard against which the
standard is directed.
[43 FR 29518, July 7, 1978, as amended at 55 FR 53441, Dec. 28, 1990]
