---
kind: "section"
citation: "30 C.F.R. § 865.12"
title: "30"
number: "865.12"
heading: "Procedures for filing an application for review of discrimination."
url: "https://uscodex.org/cfr/30/865.12"
---

# §865.12. Procedures for filing an application for review of discrimination.

- (a) **Who may file.** Any employee, or any authorized representative of employees, who believes that he has been discriminated against by any person in violation of [§ 865.11(a)](/cfr/30/865.11.md?p=a) of this part may file an application for review. For the purpose of these regulations, an application for review means the presentation of a written report of discrimination stating the reasons why the person believes he has been discriminated against and the facts surrounding the alleged discrimination.
- (b) **Where to file.** The employee or representative may file the application for review at any location of the Office and each office shall maintain a log of all filing.
- (c) **Time for filing.** The employee or representative shall file an application for review within 30 days after the alleged discrimination occurs. An application is considered filed—
  - (1) On the date delivered if delivered a person to the Office, or
  - (2) **On the date mailed to the Office.**
- (d) **Running of the time of filing.** The time for filing begins when the employee knows or has reason to know of the alleged discriminatory activity.

## Notes

### Authority

Authority: Secs. 201, 501, 502 and 703, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).

### Source

Source: 42 FR 62712, Dec. 13, 1977, unless otherwise noted. Redesignated at 44 FR 15312, Mar. 13, 1979.