---
kind: "section"
citation: "29 C.F.R. § 2700.30"
title: "29"
number: "2700.30"
heading: "Assessment of penalty."
url: "https://uscodex.org/cfr/29/2700.30"
---

# §2700.30. Assessment of penalty.

- (a) In assessing a penalty the ALJ shall determine the amount of penalty in accordance with the six statutory criteria contained in section 110(i) of the Act, [30 U.S.C. 820(i)](/usc/30/820.md?p=i), and incorporate such determination in a written decision. The decision shall contain findings of fact and conclusions of law on each of the statutory criteria and an order requiring that the penalty be paid.
- (b) In determining the amount of penalty, neither the ALJ nor the Commission shall be bound by a penalty proposed by the Secretary or by any offer of settlement made by a party.

## Notes

### Amendments

[90 FR 5621, Jan. 17, 2025]

### Authority

Authority: 30 U.S.C. 815, 820, and 823.

### Source

Source: 58 FR 12164, Mar. 3, 1993, unless otherwise noted.

### Amendments

[90 FR 5621, Jan. 17, 2025]