[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR100]

[Page 686]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 100_CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL 
PENALTIES--Table of Contents
 
Sec.  100.4  Determination of penalty; single penalty assessment.

    (a) An assessment of $60 may be imposed as the civil penalty where 
the violation is not reasonably likely to result in a reasonably serious 
injury or illness (non-S&S) and is abated within the time set by the 
inspector.
    (1) If the violation is not abated within the time set by the 
inspector, the violation will not be eligible for the $60 single penalty 
and will be processed through either the regular assessment provision 
(Sec.  100.3) or special assessment provision (Sec.  100.5).
    (2) If the violation meets the criteria for excessive history under 
paragraph (b) of this section, the violation will not be eligible for 
the $60 single penalty and will be processed through the regular 
assessment provision (Sec.  100.3).
    (b) Excessive history shall be based on overall history from 
paragraph (c) of Sec.  100.3. Excessive history is defined as 20 penalty 
points for overall history. Mines having 10 or fewer assessed violations 
in a preceding 24-month period will be excluded from any excessive 
history determination. Only violations that are paid or finally 
adjudicated will be included in determining excessive history. Only 
citations and orders issued on or after January 1, 1991, shall be 
considered in determining excessive history.

[57 FR 60697, Dec. 21, 1992; 57 FR 61612, Dec. 28, 1992; 63 FR 20035, 
Apr. 22, 1998; 68 FR 6613, Feb. 10, 2003]