(a) Upon receipt of the miner's employment history, the district
director shall investigate whether any operator may be held liable for
the payment of benefits as a responsible operator in accordance with
the criteria contained in Subpart G of this part.
(b) The district director may identify one or more operators
potentially liable for the payment of benefits in accordance with the
criteria set forth in Sec. 725.495 of this part. The district director
shall notify each such operator of the existence of the claim. Where
the records maintained by the Office pursuant to part 726 of this
subchapter indicate that the operator had obtained a policy of
insurance, and the claim falls within such policy, the notice provided
pursuant to this section shall also be sent to the operator's carrier.
Any operator or carrier notified of the claim shall thereafter be
considered a party to the claim in accordance with Sec. 725.360 of this
part unless it is dismissed by an adjudication officer and is not
thereafter notified again of its potential liability.
(c) The notification issued pursuant to this section shall include
a copy of the claimant's application and a copy of all evidence
obtained by the district director relating to the miner's employment.
The district director may request the operator to answer specific
questions, including, but not limited to, questions related to the
nature of its operations, its relationship with the miner, its
financial status, including any insurance obtained to secure its
obligations under the Act, and its relationship with other potentially
liable operators. A copy of any notification issued pursuant to this
section shall be sent to the claimant by regular mail.
(d) If at any time before a case is referred to the Office of
Administrative Law Judges, the district director determines that an
operator which may be liable for the payment of benefits has not been
notified under this section or has been incorrectly dismissed pursuant
to Sec. 725.410(a)(3), the district director shall give such operator
notice of its potential liability in accordance with this section. The
adjudication officer shall then take such further action on the claim
as may be appropriate. There shall be no time limit applicable to a
later identification of an operator under this paragraph if the
operator fraudulently concealed its identity as an employer of the
miner. The district director may not notify additional operators of
their potential liability after a case has been referred to the Office
of Administrative Law Judges, unless the case was referred for a
hearing to determine whether the claim was properly denied as abandoned
pursuant to Sec. 725.409.
