In Lone Mountain Processing v. Secretary of Labor, a mining firm failed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that:
A) federal law made the 30-day period mandatory, so the citation was final and could not be appealed
B) failure to respond to the citation within 30 days absent a significant reason is not acceptable, so the citation stands
C) the MSHA was inconsistent about when it allowed matters to be reopened after 30 days, so it could not arbitrarily reject to reconsider this citation
D) the mining company had not exhausted all procedural remedies so the appeal was not ripe for consideration by the appeals court
E) none of the other choices are correct
Correct Answer:
Verified
Q339: Fact Pattern 15-1
Congress creates the Federal Authority
Q340: The _ requires that unless an exception
Q341: Fact Pattern 15-1
Congress creates the Federal Authority
Q342: Fact Pattern 15-1
Congress creates the Federal Authority
Q343: Fact Pattern 15-1
Congress creates the Federal Authority
Q344: The Department of Labor issued an interpretive
Q345: The Department of Labor issued an interpretive
Q346: In Lone Mountain Processing v. Secretary of
Q347: Fact Pattern 15-1
Congress creates the Federal Authority
Q349: Fact Pattern 15-1
Congress creates the Federal Authority
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