[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. 100.5 Determination of penalty; special assessment. (a) MSHA may elect to waive the regular assessment formula (Sec. 100.3) or the single assessment provision (Sec. 100.4) if the Agency determines that conditions surrounding the violation warrant a special assessment. Although an effective penalty can generally be derived by using the regular assessment formula and the single assessment provision, some types of violations may be of such a nature or seriousness that it is not possible to determine an appropriate penalty under these provisions. Accordingly, the following categories will be individually reviewed to determine whether a special assessment is appropriate: (1) Violations involving fatalities and serious injuries; (2) Unwarrantable failure to comply with mandatory health and safety standards; (3) Operation of a mine in the face of a closure order; (4) Failure to permit an authorized representative of the Secretary to perform an inspection or investigation; (5) Violations for which individuals are personally liable under section 110(c) of the Act; (6) Violations involving an imminent danger; (7) Discrimination violations under section 105(c) of the Act; and (8) Violations involving an extraordinarily high degree of negligence or gravity or other unique aggravating circumstances. (b) When MSHA determines that a special assessment is appropriate, such special assessment shall take into account the criteria enumerated in Sec. 100.3(a) and Sec. 100.4(b). All findings shall be in narrative form. (c) Any operator who fails to correct a violation for which a citation has been issued under section 104(a) of the Mine Act within the period permitted for its correction may be assessed a civil penalty of not more than $6,500 for each day during which such failure or violation continues. (d) Any miner who willfully violates the mandatory safety standards relating to smoking or the carrying of smoking materials, matches, or lighters shall be subject to a civil penalty which shall not be more than $275 for each occurrence of such violation. [47 FR 22294, May 21, 1992, as amended at 57 FR 60697, Dec. 21, 1992; 63 FR 20035, Apr. 22, 1998; 68 FR 6613, Feb. 10, 2003]