29 CFR § 2700.21 - Effect of filing notice of contest of citation or order.

---
identifier: "/us/cfr/t29/s2700.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 2700.21 - Effect of filing notice of contest of citation or order."
title_number: 29
title_name: "Labor"
section_number: "2700.21"
section_name: "Effect of filing notice of contest of citation or order."
chapter_name: "FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION"
part_number: "2700"
part_name: "PROCEDURAL RULES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 815, 820, and 823."
regulatory_source: "58 FR 12164, Mar. 3, 1993, unless otherwise noted."
cfr_part: "2700"
---


# 2700.21 Effect of filing notice of contest of citation or order.

(a) The filing of a notice of contest of a citation or order issued under section 104 of the Act, 30 U.S.C. 814, does not constitute a challenge to a proposed penalty assessment that may subsequently be issued by the Secretary under section 105(a) of the Act, 30 U.S.C. 815(a), which is based on that citation or order. A challenge to such a proposed penalty assessment must be filed as a separate notice of contest of the proposed penalty assessment. *See* § 2700.26.

(b) An operator's failure to file a notice of contest of a citation or order issued under section 104 of the Act, 30 U.S.C. 814, shall not preclude the operator from challenging, in a penalty proceeding, the fact of violation or any special findings contained in a citation or order including the assertion in the citation or order that the violation was of a significant and substantial nature or was caused by the operator's unwarrantable failure to comply with the standard.

[58 FR 12164, Mar. 3, 1993, as amended at 71 FR 44207, Aug. 4, 2006]