---
kind: "section"
citation: "29 C.F.R. § 2700.44"
title: "29"
number: "2700.44"
heading: "Petition for assessment of penalty in discrimination or interference cases."
url: "https://uscodex.org/cfr/29/2700.44"
---

# §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)](/usc/30/815.md?p=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)](/usc/30/820.md?p=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)](/cfr/29/105.md?p=c-3), [30 U.S.C. 815(c)(3)](/usc/30/815.md?p=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.

## Notes

### Amendments

[90 FR 5622, 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 5622, Jan. 17, 2025]