Current through October 31, 2024
Section 4.1101 - Jurisdiction of the Board(a) The jurisdiction of the Board, as set forth in § 4.1(b)(3) , and subject to §§ 4.21(d) and 4.5 , includes the authority to exercise the final decisionmaking power of the Secretary under the act pertaining to- (1) Applications for review of decisions by OSM regarding determinations concerning permits for surface coal mining operations pursuant to section 514 of the act;(2) Petitions for review of proposed assessments of civil penalties issued by OSM pursuant to section 518 of the act;(3) Applications for review of notices of violation and orders of cessation or modifications, vacations, or terminations thereof, issued pursuant to section 521(a)(2) or section 521(a)(3) of the act;(4) Proceedings for suspension or revocation of permits pursuant to section 521(a)(4) of the act;(5) Applications for review of alleged discriminatory acts filed pursuant to section 703 of the act;(6) Applications for temporary relief;(7) Petitions for award of costs and expenses under section 525(e) of the act;(8) Preliminary findings concerning a demonstrated pattern of willful violations under section 510(c) of the act;(9) Suspension or rescission of improvidently-issued permits;(10) Challenges to ownership or control listings or findings;(11) Determinations under 30 CFR part 761 ;(12) Appeals from orders or decisions of administrative law judges; and(13) All other appeals and review procedures under the act which are permitted by these regulations.(b) In performing its functions under paragraph (a) of this section, the Board is authorized to- (2) Issue orders to secure the just and prompt determination of all proceedings.43 FR 34386, Aug. 3, 1978, as amended at 67 FR 61509 , Oct. 1, 2002