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OCR: 14a representative of the mine employees. If. within 30 days from the receipt of notification of proposed as sessment of penalty issued by the Secretary, the oper- ator fails tr notify the Secretary that he intends contest the notification of proposed assessrment penalty, such noti ification shall be decmed final or- der of the Commission and not subj ect review by any court or agency Refusa! by the operator his agent to accept certified mail containing notifica tion TO proposed assessment penalty issued under this subsection shall constitute receipt thercof within the meaning of this suhsecti ion B In determining whether to propose penalty to be assessed umder section 820 (b this title, the Secretary shall consider the operator's history of pre vious violations, the appropria teness ot su ...