30 CFR § 44.34 - Transmission of record.

---
identifier: "/us/cfr/t30/s44.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "30 CFR § 44.34 - Transmission of record."
title_number: 30
title_name: "Mineral Resources"
section_number: "44.34"
section_name: "Transmission of record."
chapter_name: "MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR"
subchapter_number: "G"
subchapter_name: "FILING AND OTHER ADMINISTRATIVE REQUIREMENTS"
part_number: "44"
part_name: "RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 957."
regulatory_source: "43 FR 29518, July 7, 1978, unless otherwise noted."
cfr_part: "44"
---


# 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]