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May 10, 2009   
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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 725.419 - Response to proposed decision and order.

  • Section Number: 725.419
  • Section Name: Response to proposed decision and order.

    (a) Within 30 days after the date of issuance of a proposed 
decision and order, any party may, in writing, request a revision of 
the proposed decision and order or a hearing. If a hearing is 
requested, the district director shall refer the claim to the Office of 
Administrative Law Judges (see Sec. 725.421).
    (b) Any response made by a party to a proposed decision and order 
shall specify the findings and conclusions with which the responding 
party disagrees, and shall be served on the district director and all 
other parties to the claim.
    (c) If a timely request for revision of a proposed decision and 
order is made, the district director may amend the proposed decision 
and order, as circumstances require, and serve the revised proposed 
decision and order on all parties or take such other action as is 
appropriate. If a revised proposed decision and order is issued, each 
party to the claim shall have 30 days from the date of issuance of that 
revised proposed decision and order within which to request a hearing.
    (d) If no response to a proposed decision and order is sent to the 
district director within the period described in paragraph (a) of this 
section, or if no response to a revised proposed decision and order is 
sent to the district director within the period described in paragraph 
(c) of this section, the proposed decision and order shall become a 
final decision and order, which is effective upon the expiration of the 
applicable 30-day period. Once a proposed decision and order or revised 
proposed decision and order becomes final and effective, all rights to 
further proceedings with respect to the claim shall be considered 
waived, except as provided in Sec. 725.310.
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