Labels:book | reckoner | tree | windowpane OCR: completed. in that process, MSHA simply proposes pen- alties against an operator. See 30 U.S.C. 815(a) (6 {1} (A) pur {b)( 1)(B) Only the Commission has author- ity actually assess penalty, 30 U.S. 820(i), and must do C de OnOU in light of six statutory criteria Sel tersburg Sione Federal Mine Safety Health view Comm 2d 1147 1150 1 {7th 1984} mine operator then has right judicial re- view of he Commission's tinal decision 31 An operator necd not actually pay any penalties until affer the decidod the merits. The Mine Safety Act Despito its assumption that the maximum statutory penalties would have been imposed in this case had the administrntivg process been permitted Wrk HhY snch penalties remain purely hypotheti. cal. The record devuid of Hry evidence that MBIA hit even diseussed the impo ...
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