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Content Last Revised: 1/19/01
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20  

Employees' Benefits

 

Chapter VI  

Employment Standards Administration, Department of Labor

 

 

Part 725  

Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended

 

 

 

Subpart E  

Adjudication of Claims by the District Director


20 CFR 725.412 - Operator's response.

  • Section Number: 725.412
  • Section Name: Operator's response.

    (a)(1) Within 30 days after the district director issues a schedule 
pursuant to Sec. 725.410 of this part containing a designation of the 
responsible operator liable for the payment of benefits, that operator 
shall file a response with regard to its liability. The response shall 
specifically indicate whether the operator agrees or disagrees with the 
district director's designation.
    (2) If the responsible operator designated by the district director 
does not file a timely response, it shall be deemed to have accepted 
the district director's designation with respect to its liability, and 
to have waived its right to contest its liability in any further 
proceeding conducted with respect to the claim.
    (b) The responsible operator designated by the district director 
may also file a statement accepting claimant's entitlement to benefits. 
If that operator fails to file a timely response to the district 
director's designation, the district director shall, upon receipt of 
such a statement, issue a proposed decision and order in accordance 
with Sec. 725.418 of this part. If the operator fails to file a 
statement accepting the claimant's entitlement to benefits within 30 
days after the district director issues a schedule pursuant to 
Sec. 725.410 of this part, the operator shall be deemed to have 
contested the claimant's entitlement.
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