What is the difference between a proposed penalty assessment and a penalty petition?
MSHA sends the proposed penalty assessment form to the operator after the operator has received a citation or order for alleged violations. This form contains a list of alleged violations along with the dollar amounts. The penalty petition is a separate document. The Secretary of Labor files a penalty petition with the Commission only after the operator has contested the alleged violations on the proposed penalty assessment form and returned it to MSHA. (See Commission Procedural Rule 28). V.
Related Questions
- If I am in conference with MSHA about any citations or orders included in the proposed penalty assessment, must I still contest the proposed assessment within 30 days?
- I meant to send my contest of the proposed penalty assessment to the MSHA Civil Penalty Compliance Office, but I sent it to the wrong address. What do I do?
- What is the difference between a proposed penalty assessment and a penalty petition?