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Sec. 105 (b)(1)(A) If the Secretary has
reason to believe that an operator has failed to correct a
violation for which a citation has been issued within the
period permitted for its correction, the Secretary shall
notify the operator by certified mail of such failure and of
the penalty proposed to be assessed under section 110(b) by
reason of such failure and that the operator has 30 days
within which to notify the Secretary that he wishes to
contest the Secretary's notification of the proposed
assessment of penalty. A copy of such notification of the
proposed assessment of penalty shall at the same time be
sent by mail to the representative of the mine employees.
If, within 30 days from the receipt of notification of
proposed assessment of penalty issued by the Secretary, the
operator fails to notify the Secretary that he intends to
contest the notification of proposed assessment of penalty,
such notification shall be deemed a final order of the
Commission and not subject to review by any court or agency.
Refusal by the operator or his agent to accept certified
mail containing a notification of proposed assessment of
penalty issued under this subsection shall constitute
receipt thereof within the meaning of this subsection.
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