---
kind: "section"
citation: "30 U.S.C. § 815"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "815"
heading: "Procedure for enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/815"
units:
  - "Chapter 22 — Mine Safety and Health"
  - "Subchapter I — General"
---

# §815. Procedure for enforcement

- (a) **Notification of civil penalty; contest—** If, after an inspection or investigation, the [Secretary](/usc/30/802.md?p=a) issues a citation or order under [section 814 of this title](/usc/30/814.md), he shall, within a reasonable time after the termination of such inspection or investigation, notify the [operator](/usc/30/802.md?p=d) by certified mail of the civil penalty proposed to be assessed under [section 820(a) of this title](/usc/30/820.md?p=a) for the violation cited and that the [operator](/usc/30/802.md?p=d) has 30 days within which to notify the [Secretary](/usc/30/802.md?p=a) that he wishes to contest the citation or proposed assessment of penalty. A copy of such notification shall be sent by mail to the representative of [miners](/usc/30/802.md?p=g) in such mine. If, within 30 days from the receipt of the notification issued by the [Secretary](/usc/30/802.md?p=a), the [operator](/usc/30/802.md?p=d) fails to notify the [Secretary](/usc/30/802.md?p=a) that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any [miner](/usc/30/802.md?p=g) or representative of [miners](/usc/30/802.md?p=g) under [subsection (d)](#d) of this section within such time, the citation and the proposed assessment of penalty shall be deemed a final order of the [Commission](/usc/30/802.md?p=o) and not subject to review by any court or agency. Refusal by the [operator](/usc/30/802.md?p=d) or his [agent](/usc/30/802.md?p=e) to accept certified mail containing a citation and proposed assessment of penalty under this subsection shall constitute receipt thereof within the meaning of this subsection.
- (b) **Failure of operator to correct violation; notification; contest; temporary relief—**
  - (1)
    - (A) If the [Secretary](/usc/30/802.md?p=a) has reason to believe that an [operator](/usc/30/802.md?p=d) has failed to correct a violation for which a citation has been issued within the period permitted for its correction, the [Secretary](/usc/30/802.md?p=a) shall notify the [operator](/usc/30/802.md?p=d) by certified mail of such failure and of the penalty proposed to be assessed under [section 820(b) of this title](/usc/30/820.md?p=b) by reason of such failure and that the [operator](/usc/30/802.md?p=d) has 30 days within which to notify the [Secretary](/usc/30/802.md?p=a) that he wishes to contest the [Secretary](/usc/30/802.md?p=a)’s notification of the proposed assessment of penalty. A copy of such notification of the proposed assessment of penalty shall at the same time be sent by mail to the representative of the mine employees. If, within 30 days from the receipt of notification of proposed assessment of penalty issued by the [Secretary](/usc/30/802.md?p=a), the [operator](/usc/30/802.md?p=d) fails to notify the [Secretary](/usc/30/802.md?p=a) that he intends to contest the notification of proposed assessment of penalty, such notification shall be deemed a final order of the [Commission](/usc/30/802.md?p=o) and not subject to review by any court or agency. Refusal by the [operator](/usc/30/802.md?p=d) or his [agent](/usc/30/802.md?p=e) to accept certified mail containing a notification of proposed assessment of penalty issued under this subsection shall constitute receipt thereof within the meaning of this subsection.
    - (B) In determining whether to propose a penalty to be assessed under [section 820(b) of this title](/usc/30/820.md?p=b), the [Secretary](/usc/30/802.md?p=a) shall consider the [operator](/usc/30/802.md?p=d)’s history of previous violations, the appropriateness of such penalty to the size of the business of the [operator](/usc/30/802.md?p=d) charged, whether the [operator](/usc/30/802.md?p=d) was negligent, the effect on the [operator](/usc/30/802.md?p=d)’s ability to continue in business, the gravity of the violation, and the demonstrated good faith of the [operator](/usc/30/802.md?p=d) charged in attempting to achieve rapid compliance after notification of a violation.
  - (2) An applicant may file with the [Commission](/usc/30/802.md?p=o) a written request that the [Commission](/usc/30/802.md?p=o) grant temporary relief from any modification or termination of any order or from any order issued under [section 814 of this title](/usc/30/814.md) together with a detailed statement giving the reasons for granting such relief. The [Commission](/usc/30/802.md?p=o) may grant such relief under such conditions as it may prescribe, if—
    - (A) a hearing has been held in which all parties were given an opportunity to be heard;
    - (B) the applicant shows that there is substantial likelihood that the findings of the [Commission](/usc/30/802.md?p=o) will be favorable to the applicant; and
    - (C) such relief will not adversely affect the health and safety of [miners](/usc/30/802.md?p=g).

    No temporary relief shall be granted in the case of a citation issued under subsection (a) or (f) of [section 814 of this title](/usc/30/814.md). The [Commission](/usc/30/802.md?p=o) shall provide a procedure for expedited consideration of applications for temporary relief under this paragraph.

- (c) **Discrimination or interference prohibited; complaint; investigation; determination; hearing—**
  - (1) No [person](/usc/30/802.md?p=f) shall discharge or in any manner discriminate against or cause to be discharged or cause discrimination against or otherwise interfere with the exercise of the statutory rights of any [miner](/usc/30/802.md?p=g), representative of [miners](/usc/30/802.md?p=g) or applicant for employment in any [coal or other mine](/usc/30/802.md?p=h-1) subject to this chapter because such [miner](/usc/30/802.md?p=g), representative of [miners](/usc/30/802.md?p=g) or applicant for employment has filed or made a complaint under or related to this chapter, including a complaint notifying the [operator](/usc/30/802.md?p=d) or the [operator](/usc/30/802.md?p=d)’s [agent](/usc/30/802.md?p=e), or the representative of the [miners](/usc/30/802.md?p=g) at the [coal or other mine](/usc/30/802.md?p=h-1) of an alleged danger or safety or health violation in a [coal or other mine](/usc/30/802.md?p=h-1), or because such [miner](/usc/30/802.md?p=g), representative of [miners](/usc/30/802.md?p=g) or applicant for employment is the subject of medical evaluations and potential transfer under a standard published pursuant to [section 811 of this title](/usc/30/811.md) or because such [miner](/usc/30/802.md?p=g), representative of [miners](/usc/30/802.md?p=g) or applicant for employment has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding, or because of the exercise by such [miner](/usc/30/802.md?p=g), representative of [miners](/usc/30/802.md?p=g) or applicant for employment on behalf of himself or others of any statutory right afforded by this chapter.
  - (2) Any [miner](/usc/30/802.md?p=g) or applicant for employment or representative of [miners](/usc/30/802.md?p=g) who believes that he has been discharged, interfered with, or otherwise discriminated against by any [person](/usc/30/802.md?p=f) in violation of this subsection may, within 60 days after such violation occurs, file a complaint with the [Secretary](/usc/30/802.md?p=a) alleging such discrimination. Upon receipt of such complaint, the [Secretary](/usc/30/802.md?p=a) shall forward a copy of the complaint to the respondent and shall cause such investigation to be made as he deems appropriate. Such investigation shall commence within 15 days of the [Secretary](/usc/30/802.md?p=a)’s receipt of the complaint, and if the [Secretary](/usc/30/802.md?p=a) finds that such complaint was not frivolously brought, the [Commission](/usc/30/802.md?p=o), on an expedited basis upon application of the [Secretary](/usc/30/802.md?p=a), shall order the immediate reinstatement of the [miner](/usc/30/802.md?p=g) pending final order on the complaint. If upon such investigation, the [Secretary](/usc/30/802.md?p=a) determines that the provisions of this subsection have been violated, he shall immediately file a complaint with the [Commission](/usc/30/802.md?p=o), with service upon the alleged violator and the [miner](/usc/30/802.md?p=g), applicant for employment, or representative of [miners](/usc/30/802.md?p=g) alleging such discrimination or interference and propose an order granting appropriate relief. The [Commission](/usc/30/802.md?p=o) shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](/usc/5/554.md) but without regard to [subsection (a)(3)](/usc/30/554.md) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the [Secretary](/usc/30/802.md?p=a)’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The [Commission](/usc/30/802.md?p=o) shall have authority in such proceedings to require a [person](/usc/30/802.md?p=f) committing a violation of this subsection to take such affirmative action to abate the violation as the [Commission](/usc/30/802.md?p=o) deems appropriate, including, but not limited to, the rehiring or reinstatement of the [miner](/usc/30/802.md?p=g) to his former position with back pay and interest. The complaining [miner](/usc/30/802.md?p=g), applicant, or representative of [miners](/usc/30/802.md?p=g) may present additional evidence on his own behalf during any hearing held pursuant to his[^1] paragraph.
  - (3) Within 90 days of the receipt of a complaint filed under [paragraph (2)](#c-2), the [Secretary](/usc/30/802.md?p=a) shall notify, in writing, the [miner](/usc/30/802.md?p=g), applicant for employment, or representative of [miners](/usc/30/802.md?p=g) of his determination whether a violation has occurred. If the [Secretary](/usc/30/802.md?p=a), upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days of notice of the [Secretary](/usc/30/802.md?p=a)’s determination, to file an action in his own behalf before the [Commission](/usc/30/802.md?p=o), charging discrimination or interference in violation of [paragraph (1)](#c-1). The [Commission](/usc/30/802.md?p=o) shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](/usc/5/554.md) but without regard to [subsection (a)(3)](/usc/30/554.md) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate, including, but not limited to, an order requiring the rehiring or reinstatement of the [miner](/usc/30/802.md?p=g) to his former position with back pay and interest or such remedy as may be appropriate. Such order shall become final 30 days after its issuance. Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses (including attorney’s fees) as determined by the [Commission](/usc/30/802.md?p=o) to have been reasonably incurred by the [miner](/usc/30/802.md?p=g), applicant for employment or representative of [miners](/usc/30/802.md?p=g) for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the [person](/usc/30/802.md?p=f) committing such violation. Proceedings under this section shall be expedited by the [Secretary](/usc/30/802.md?p=a) and the [Commission](/usc/30/802.md?p=o). Any order issued by the [Commission](/usc/30/802.md?p=o) under this paragraph shall be subject to judicial review in accordance with [section 816 of this title](/usc/30/816.md). Violations by any [person](/usc/30/802.md?p=f) of [paragraph (1)](#c-1) shall be subject to the provisions of sections [818](/usc/30/818.md) and [820(a)](/usc/30/820.md?p=a) of this title.
- (d) **Contest proceedings; hearing; findings of fact; affirmance, modification, or vacatur of citation, order, or proposed penalty; procedure before Commission—** If, within 30 days of receipt thereof, an [operator](/usc/30/802.md?p=d) of a [coal or other mine](/usc/30/802.md?p=h-1) notifies the [Secretary](/usc/30/802.md?p=a) that he intends to contest the issuance or modification of an order issued under [section 814 of this title](/usc/30/814.md), or citation or a notification of proposed assessment of a penalty issued under subsection [(a)](#a) or [(b)](#b) of this section, or the reasonableness of the length of abatement time fixed in a citation or modification thereof issued under [section 814 of this title](/usc/30/814.md), or any [miner](/usc/30/802.md?p=g) or representative of [miners](/usc/30/802.md?p=g) notifies the [Secretary](/usc/30/802.md?p=a) of an intention to contest the issuance, modification, or termination of any order issued under [section 814 of this title](/usc/30/814.md), or the reasonableness of the length of time set for abatement by a citation or modification thereof issued under [section 814 of this title](/usc/30/814.md), the [Secretary](/usc/30/802.md?p=a) shall immediately advise the [Commission](/usc/30/802.md?p=o) of such notification, and the [Commission](/usc/30/802.md?p=o) shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](/usc/5/554.md), but without regard to [subsection (a)(3)](/usc/30/554.md) of such section), and thereafter shall issue an order, based on findings of fact, affirming, modifying, or vacating the [Secretary](/usc/30/802.md?p=a)’s citation, order, or proposed penalty, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The rules of procedure prescribed by the [Commission](/usc/30/802.md?p=o) shall provide affected [miners](/usc/30/802.md?p=g) or representatives of affected [miners](/usc/30/802.md?p=g) an opportunity to participate as parties to hearings under this section. The [Commission](/usc/30/802.md?p=o) shall take whatever action is necessary to expedite proceedings for hearing appeals of orders issued under [section 814 of this title](/usc/30/814.md).

## Footnotes

[^1]: So in original. Probably should be “this”.

## Source credit

(Pub. L. 91–173, title I, § 105, Dec. 30, 1969, 83 Stat. 753; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1303.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (c)(1), was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

### Amendments

1977—Subsec. (a). Pub. L. 95–164 substituted provisions under which the Secretary must notify the operator of the civil penalty he proposes to assess following the issuance of a citation or order and the operator must give notice that he will contest the citation or proposed assessment for provisions under which an operator was required to apply for review of an order issued under section 814 of this title and under which an investigation was made, hearings held, and information presented.

Subsec. (b). Pub. L. 95–164 substituted provisions relating to the steps to be taken following the failure of the operator to correct violations, including provisions relating to temporary relief formerly contained in subsec. (d), for provisions requiring the Secretary to make findings of fact and to issue a written decision upon receiving the report of an investigation.

Subsec. (c). Pub. L. 95–164 added subsec. (c). Former subsec. (c), directing the Secretary to take action under this section as promptly as possible, was incorporated into a part of par. (3).

Subsec. (d). Pub. L. 95–164 added subsec. (d). Former subsec. (d) redesignated (b)(2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1977 Amendment

Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.

### Effective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.