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Code · STATUTE-COMPILATIONS · Federal Mine Safety and Health Act of 1977 · Sec. 5

Sec. 5. interim compliance panel

559 words·~3 min read·/statute-compilations/comps-1521/sec-5

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## Sec. 5 interim compliance panel ###
(a)There is hereby established the Interim Compliance Panel, which shall be composed of five members as follows: ####
(1)Assistant Secretary of Labor for Labor Standards, Department of Labor, or his delegate; ####
(2)Director of the Bureau of Standards, Department of Commerce, or his delegate; ####
(3)Administrator of Consumer Protection and Environmental Health Service, Department of Health, Education, and Welfare, or his delegate; ####
(4)Director of the Bureau of Mines,2 Department of the Interior, or his delegate; and 2Section 10(b) of P.L. 102–285, 106 Stat. 172, May 18, 1992, provides that the Bureau of Mines is designated and shall hereafter be known as the United States Bureau of Mines. ####
(5)Director of the National Science Foundation, or his delegate. ###
(b)Members of the Panel shall serve without compensation in addition to that received in their regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Panel. ###
(c)Notwithstanding any other provision of law, the Secretary of Health, Education, and Welfare, the Secretary of Commerce, the Secretary of the Interior, and the Secretary shall, upon request of the Panel, provide the Panel such personnel and other assistance as the Panel determines necessary to enable it to carry out its functions under this Act. ###
(d)Three members of the Panel shall constitute a quorum for doing business. All decisions of the Panel shall be by majority vote. The chairman of the Panel shall be selected by the members from among the membership thereof. ###
(e)The Panel is authorized to appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with the provisions of this Act. The provisions applicable to administrative law judges appointed under section 3105 of title 5 of the United States Code shall be applicable to administrative law judges appointed pursuant to this subsection. ###
(f)####
(1)It shall be the function of the Panel to carry out the duties imposed on it pursuant to this Act and to provide an opportunity for a public hearing, after notice, at the request of an operator of the affected coal mine or the representative of the miners of such mine. Any operator or representative of miners aggrieved by a final decision of the Panel may file a petition for review of such decision under section 106 of this Act. The provisions of this section shall terminate upon completion of the Panel's functions as set forth under this Act. Any hearing held pursuant to this subsection shall be of record and the Panel shall make findings of fact and shall issue a written decision incorporating its findings therein in accordance with section 554 of title 5 of the United States Code. ####
(2)The Panel shall make an annual report, in writing, to the Secretary for transmittal by him to the Congress concerning the achievement of its purposes, and any other relevant information (including any recommendations) which it deems appropriate. **[**[30 U.S.C. 804](/us/usc/t30/s804)**]** Enacted December 30, 1969, P.L. 91–173, sec. 5, 83 Stat. 744; amended November 9, 1977, P.L. 95–164, title I, sec. 102(d), 91 Stat. 1291; amended March 27, 1978, P.L. 95–251, sec. 2(a)(9), 92 Stat. 183. # TITLE I GENERAL
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4 references not yet in our index
  • 106 Stat. 172
  • 83 Stat. 744
  • 91 Stat. 1291
  • 92 Stat. 183
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Sec. 5
interim compliance panel
Stat.106 Stat. 172
Stat.83 Stat. 744
Stat.91 Stat. 1291
Stat.92 Stat. 183
Cites 5Cited by 0 across 0 sources
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