§ 804. Interim Compliance Panel

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(a)Establishment; composition 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 National Institute of Standards and Technology, Department of Commerce, or his delegate;

(3)Administrator of Consumer Protection and Environmental Health Service, Department of Health and Human Services, or his delegate;

(4)Director of the United States Bureau of Mines, Department of the Interior, or his delegate; and

(5)Director of the National Science Foundation, or his delegate.

(b)Compensation; travel and subsistence expenses 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)Cooperation of Federal agencies Notwithstanding any other provision of law, the Secretary of Health and Human Services, 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 chapter.

(d)Quorum; voting; selection of chairman 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)Appointment of administrative law judges; provisions applicable 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 chapter. The provisions applicable to administrative law judges appointed under section 3105 of title 5 shall be applicable to administrative law judges appointed pursuant to this subsection.

(f)Functions; hearings; notice and review; termination; annual report

(1)It shall be the function of the Panel to carry out the duties imposed on it pursuant to this chapter 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 816 of this title. The provisions of this section shall terminate upon completion of the Panel’s functions as set forth under this chapter. 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.

(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.

(Pub. L. 91–173, § 5, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95–164, title I, § 102(d), Nov. 9, 1977, 91 Stat. 1291; Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

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