29 CFR 2700.30 : Labor (§ 0.735-1 To Parts 4908-4999) — (Part 1927 To Parts 4908-4999) — Regulations Relating To Labor (Continued) (Part 1927 To Parts 4908-4999) — Federal Mine Safety And Health Review Commission (§ 2700.1 To Parts 2707-2799) — Procedural Rules (§ 2700.1 To § 2700.110) — Contests Of Proposed Penalties (§ 2700.25 To § 2700.31) — Assessment of penalty.

4 Aug 2016

(a) In assessing a penalty the Judge shall determine the amount of penalty in accordance with the six statutory criteria contained in section 110(i) of the Act, 30 U.S.C. 820(i), and incorporate such determination in a written decision. The decision shall contain findings of fact and conclusions of law on each of the statutory criteria and an order requiring that the penalty be paid.

(b) In determining the amount of penalty, neither the Judge nor the Commission shall be bound by a penalty proposed by the Secretary or by any offer of settlement made by a party.

29 CFR 2700.30