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Administrative Law Keyed to Schwartz
National Independent Coal Operators’ Association v. Kleppe
Citation:
423 U.S. 388 (1976)Facts
The Federal Coal Mine Health and Safety Act of 1969 established a comprehensive enforcement scheme to ensure mine safety, including inspections, abatement orders, and civil penalties. Under § 109(a)(1), mine operators were subject to civil penalties not exceeding $10,000 for each violation. The Secretary implemented regulations (30 CFR pt. 100) that provided for assessment officers to assess penalties based on inspectors’ notices of violations and a graduated penalty schedule. These regulations allowed operators 15 working days to protest proposed assessments and request formal adjudication. If an operator failed to make a timely protest, they were deemed to have waived their right to a hearing, and the proposed assessment became final. The National Independent Coal Operators’ Association challenged these regulations, arguing that § 109(a)(3) required the Secretary to make formal findings of fact for every penalty assessment, regardless of whether a hearing was requested.
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