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,.SUBCHAPTER P: SURFACE MINING LAW REGULAT[ONS Page 3 of 3 <br />~1 <br />investigation which shall include a summary of the results of the conference. Copie <br />to the parties in the case. <br />30 CFR Sec. 865.14 Request for hearing. <br />(a) If the Office determines that a violation of this part has probably occurre <br />conference, the Director shall request a hearing on the employee's behalf before th <br />within 10 days of the scheduled informal hearing. the parties shall be notified of <br />declines to request a hearing the employee shall be notified within 10 days of the <br />informed of his right to request a hearing on his own behalf. <br />(b) The employee may request a hearing with the Office of Hearings and Appeals <br />the filing of his application. <br />30 CFR Sec. 865.15 Formal adjudicatory proceedings. <br />(a) Formal adjudication of a complaint filed under this part shall be conducted <br />Appeals under 43 CFR part 4. <br />(b) A hearing shall be held as promptly as possible consistent with the opportu <br />under 43 CFR part 9. <br />~ ( c) Upon a finding of violation of Sec. 865.11 of this part, the Secretary sha <br />i~relief including, but not limited to, the rehiring or reinstatement of~the employee <br />his former position with compensation. At the request of the employee a sum equal t <br />costs and expenses including attorneys' fees which have been reasonably incurred by <br />connection with, the institution and prosecution of the proceedings shall be assess <br />the violation. <br />(d) On or after 10 days after filing an application for review under this part <br />seek temporary relief in the Office of Hearings and Appeals under 43 CFR part 4. <br />Home ~ Directory ~ Index ~ Search ~ Site Map ~ HeID <br />Last Updated: 10/032001 23:53:38 <br />This page is.. <br />~' i, <br />S,~AlPY09~ -1 <br />Office of Surlace Mining <br />1957 Constiiufion Ave. N.W. <br />Washington, D.C. 20240 <br />202-208-2719 <br />netinlo®osmre 9_ov <br />http://+v+v+v.osmre.gov/rules/subchapterp.htm (/22/2002 <br />