---
kind: "section"
citation: "30 C.F.R. § 723.19"
title: "30"
number: "723.19"
heading: "Request for hearing."
url: "https://uscodex.org/cfr/30/723.19"
---

# §723.19. Request for hearing.

- (a) The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if a conference has been held, the reassessed or affirmed penalty to the Office of Hearings and Appeals (to be held in escrow as provided in [paragraph (b)](#b) of this section) within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the conference officer's action, whichever is later. The fact of the violation may not be contested, if it has been decided in a review proceeding commenced under section 525 of the Act and [43 CFR part 4](/cfr/43/part4.md).
- (b) The Office of Hearings and Appeals shall transfer all funds submitted under [paragraph (a)](#a) of this section to the Office, which shall hold them in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in [30 CFR 723.20](/cfr/30/723.20.md).

## Notes

### Amendments

[45 FR 58783, Sept. 4, 1980, as amended at 56 FR 10063, Mar. 8, 1991]

### Authority

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201 et seq., and 31 U.S.C. 3701.

### Source

Source: 45 FR 58783, Sept. 4, 1980, unless otherwise noted.

### Amendments

[45 FR 58783, Sept. 4, 1980, as amended at 56 FR 10063, Mar. 8, 1991]