30 U.S.C. § 804 | Interim Compliance Panel

(a)

Establishment; composition

There is hereby established the Interim Compliance Panel, which shall be composed of five members as follows:

(1)

Assistant Secretary of Labor for Labor Standards, Department of Labor, or his delegate;

(2)

Director of the National Institute of Standards and Technology, Department of Commerce, or his delegate;

(3)

Administrator of Consumer Protection and Environmental Health Service, Department of Health and Human Services, or his delegate;

(4)

Director of the United States Bureau of Mines, Department of the Interior, or his delegate; and

(5)

Director of the National Science Foundation, or his delegate.

(b)

Compensation; travel and subsistence expenses

Members of the Panel shall serve without compensation in addition to that received in their regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Panel.

(c)

Cooperation of Federal agencies

Notwithstanding any other provision of law, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of the Interior, and the Secretary shall, upon request of the Panel, provide the Panel such personnel and other assistance as the Panel determines necessary to enable it to carry out its functions under this chapter.

(d)

Quorum; voting; selection of chairman

Three members of the Panel shall constitute a quorum for doing business. All decisions of the Panel shall be by majority vote. The chairman of the Panel shall be selected by the members from among the membership thereof.

(e)

Appointment of administrative law judges; provisions applicable

section 3105 of title 5The Panel is authorized to appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with the provisions of this chapter. The provisions applicable to administrative law judges appointed under shall be applicable to administrative law judges appointed pursuant to this subsection.

(f)

Functions; hearings; notice and review; termination; annual report

(1)

section 816 of this title section 554 of title 5 It shall be the function of the Panel to carry out the duties imposed on it pursuant to this chapter and to provide an opportunity for a public hearing, after notice, at the request of an operator of the affected coal mine or the representative of the miners of such mine. Any operator or representative of miners aggrieved by a final decision of the Panel may file a petition for review of such decision under . The provisions of this section shall terminate upon completion of the Panel’s functions as set forth under this chapter. Any hearing held pursuant to this subsection shall be of record and the Panel shall make findings of fact and shall issue a written decision incorporating its findings therein in accordance with .

(2)

The Panel shall make an annual report, in writing, to the Secretary for transmittal by him to the Congress concerning the achievement of its purposes, and any other relevant information (including any recommendations) which it deems appropriate.

Pub. L. 91–173, § 5Dec. 30, 196983 Stat. 744 Pub. L. 95–164, title I, § 102(d)Nov. 9, 197791 Stat. 1291 Pub. L. 95–251, § 2(a)(9)Mar. 27, 197892 Stat. 183 Pub. L. 96–88, title V, § 509(b)Oct. 17, 197993 Stat. 695 Pub. L. 100–418, title V, § 5115(c)Aug. 23, 1988102 Stat. 1433 Pub. L. 102–285, § 10(b)May 18, 1992106 Stat. 172(, , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–173Dec. 30, 196983 Stat. 742 section 801 of this titleThis chapter, referred to in subsecs. (c), (e), and (f)(1), was in the original “this Act”, meaning , , , 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 and Tables.

Amendments

Pub. L. 100–4181988—Subsec. (a)(2). substituted “National Institute of Standards and Technology” for “Bureau of Standards”.

Pub. L. 95–2511978—Subsec. (e). substituted “administrative law judges” for “hearing examiners” wherever appearing.

Pub. L. 95–1641977—Subsec. (c). substituted “Secretary of the Interior” for “Secretary of Labor”.

Statutory Notes and Related Subsidiaries

Change of Name

section 10(b) of Pub. L. 102–285 section 1 of this title section 1 of this title“United States Bureau of Mines” substituted for “Bureau of Mines” in subsec. (a)(4) pursuant to , set out as a note under . For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under .

section 509(b) of Pub. L. 96–88 section 3508(b) of Title 20“Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (a) and “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (c) pursuant to which is classified to , Education.

Effective Date of 1977 Amendment

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

Termination of Reporting Requirements

May 15, 2000section 3003 of Pub. L. 104–66 section 1113 of Title 31For termination, effective , of provisions in subsec. (f)(2) of this section relating to transmitting annual report to Congress, see , as amended, set out as a note under , Money and Finance, and page 114 of House Document No. 103–7.