29 CFR § 2700.44 - Petition for assessment of penalty in discrimination or interference cases.

---
identifier: "/us/cfr/t29/s2700.44"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 2700.44 - Petition for assessment of penalty in discrimination or interference cases."
title_number: 29
title_name: "Labor"
section_number: "2700.44"
section_name: "Petition for assessment of penalty in discrimination or interference cases."
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"
---


# 2700.44 Petition for assessment of penalty in discrimination or interference cases.

(a) *Petition for assessment of penalty in Secretary's complaint.* A discrimination or interference complaint filed by the Secretary shall propose a civil penalty of a specific amount for the alleged violation of section 105(c) of the Act, 30 U.S.C. 815(c). The petition for assessment of penalty shall include a short and plain statement of supporting reasons based on the criteria for penalty assessment set forth in section 110(i) of the Act, 30 U.S.C. 820(i).

(b) *Petition for assessment of penalty after sustaining of complaint by miner, representative of miners, or applicant for employment.* Immediately upon issuance of a decision by an ALJ sustaining a discrimination or interference complaint brought pursuant to section 105(c)(3), 30 U.S.C. 815(c)(3), the ALJ shall notify the Secretary in writing of such determination. The Secretary file with the Commission a petition for assessment of civil penalty within 45 days of receipt of such notice.

[90 FR 5622, Jan. 17, 2025]