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e SUBCHAPTER P: SURFACE MINING LAW REGULATIONS Page 2 of 3 (i) In any informal or formal adjudicatory proceeding; (ii) In any informal conference proceeding; (iii) In any rulemaking proceeding; (iv) In any investigation, inspection or other proceeding under the Act; (v) In any judicial proceeding under the Act. (3) Has exercised on his own behalf or on behalf of others any right granted by (b) Each employer conducting operations which are regulated under this Act, sha effective day of these regulations, provide a copy of this part to all current empl the time of their hiring. ~ , [42 FR 62712, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1978. Redesignated at 44 FR 15312 30 CFR Sec. 865.12 Procedures for filing an application for review of discrimiaati ~, (a) Who may file. Any employee, or any authorized representative of employees, discriminated against by any person in violation of Sec. 865.11(a) of this part may the purpose of these regulations, an application for review means the presenta [ion discrimination stating the reasons why the person believes he has been discriminate surrounding the alleged discrimination. (b) Where to file. The employee or representative may file the application for and each office shall maintain a log of all filing. ( c) Time for filing. The employee or representative shall file an application alleged discrimination occurs. An application is considered filed-- (1) On the date delivered if delivered a person to the Office, or (2) On the date mailed to the Office. (dl Running of the time of filing. The time for filing begins when the employee the alleged discriminatory activity. 30 CFR Sec. 865.13 Investigation and conference procedL}res. (a) Within 7 days after receipt of any application for review, the Office shall review to the person alleged to have caused the discrimination, shall file the appl Hearings and Appeals and shall notify the employee and the alleged discriminating p '~, investigate the complaint. The alleged discriminating person may file a response~to ', 10 days after he receives the copy of the application for review. The response shal explain each of the facts alleged in the application unless the alleged discriminat which case he shall so state. (b) The Office shall initiate an investigation of the alleged discrimination wi application for review. The Office shall complete the investigation with 60 days of application for review. If circumstances surrounding the investigation prevent comp the Office shall notify the person who filed the application for review and the all delay, the reason for the delay, and the expected completion date for the investiga ( c) Within 7 days after completion of the investigation the Office shall invit to, discuss the findings and preliminary conclusions of the investigation. The purpo attempt to conciliate the matter. If a complaint is resovled at an informal confere be recorded in a written document that will be signed by the alleged discriminating representative of the Office. If the Office concludes on the basis of a subsequent agreement has failed in any material respect to comply with the terms of any agreem conference, the Office shall take appropriate action to obtain compliance with the (d) Following the investigation and any informal conference held, the Office sh http://www.osmre.gov/rules/subchapterp.htm 1/22/2002