A mine operator contests proposed Mine Safety & Health Administration (MSHA) penalties by sending a notice of contest to MSHA. From there, the agency must file a petition for assessment of civil penalty with the Federal Mine Safety and Health Review Commission. Because under the Federal Mine Safety and Health Act, "The Commission shall have authority to assess all civil penalties provided in this Act." (MSHA cannot finalize penalties. However, if no contest is filed, a proposed penalty automatically becomes a final order of the commission.)
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