30 CFR § 44.34
Transmission of record.
If an appeal is filed, the administrative law judge shall, as soon thereafter
as is practicable, transmit the record of the proceeding to the Assistant
Secretary for review. The record shall include: the petition; the MSHA
investigation report; any request for hearing on the petition; the transcript
of testimony taken at the hearing, together with exhibits admitted in
evidence; any documents or papers filed in connection with prehearing
conferences; such proposed findings of fact, conclusions of law, rules or
orders, and supporting reasons, as may have been filed; and the
administrative law judge's decision.
[55 FR 53442, Dec. 28, 1990]