Labels:book | reckoner | sky | tree OCR: See 29 C.F.R. 2700. 52 Finally, an operator may seek temporary relicr from the unoo of appeals See 30 U.S.C. 816(a)(3 See also TRAC, 750 F.2d at 78. 71 Thus. petitioner's claim fails tc meet even the thres- hold requirement for duc process claim- that the agency conduct at issue deprived 11 protected interest prior to any hearing Even it that condition were thought to he satisfied by virtue of MSHA mere proposal af penalties, however, petitioner's due process claim would nonetheless be without merit because any such "deprivation' could be through post-hearing procedures plain that the mere prospect of the future assessment of monetary penalties is not the sort of irreparablc injury that requires pre- -deprivation hearing. Sec FTC Standard 449 U.S 232, 244 (1980) see also Mitchell Gram 416 ...
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