PUBLIC LAW 552-JULY 16, 1952
[66
STAT.
If he finds that methane has not been ignited in such mine and was not found in such mine as set out in such order, he shall make an order annulling the order under review. If he finds that methane has been ignited in such mine or was found in such mine as set out in the order under review, he shall make an order denying such application. " (d) The Director shall cause notice of each finding and order made under this section to be given promptly to the operator of the mine to which it pertains. "(e) Except as provided in section 202(e)(4), at any time while an order made pursuant to section 203 or this section is in effect, or at any time during the pendency of a proceeding under section 207 or section 208 seeking annulment or revision of such order, the operator of the mine affected by such order may apply to the Director for annulment or revision of such order. The Director shall thereupon proceed to act upon such application in the manner provided in subsections (a), (b), o r (c) of this section. "(f) I n view of the urgent need for prompt decision of matters submitted to the Director under this section, all actions which the Director or his representatives are required to take under this section shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved. uREVIEW BY BOARD Application for annulment or revision of order.
Hearing. Request for temporary relief.
"SEC. 207. (a) An operator notified of an order made pursuant to subsection (a), (c), or (d) of section 203 may apply to the Federal Coal Mine Safety Board of Review for annulment or revision of such order without seeking its annulment or revision under section 206. An operator notified of an order made pursuant to section 206 may apply to the Board for annulment or revision of such order: Provided, however, That an operator applying to the Board for annulment of an order made pursuant to subsection (d) of section 203 or pursuant to subsection (c) of section 206 shall file such application with the Board not later than twenty days after the receipt of notice of such order. "(b) The operator shall be designated as the applicant in such proceeding and the application filed by him shall recite the order complained of and other facts sufficient to advise the Board of the nature of the proceeding. H e may allege in such application: That danger as set out in such order does not exist at the time of the filing of such application; that violation of section 209, as set out in such order, has not occurred; that such violation has been totally or partially abated; that the period of time within which such violation should be totally abated, as fixed in the findings upon which such order was based, was not reasonable; that the area of the mine described in such order as the area affected by the violation referred to in such order is not so affected at the time of the filing of such application; or that the mine described in such order is not a gassy mine. The Director shall be the respondent in such proceeding, and the applicant shall send a copy of such application by registered mail to the Director at Washington, District of Columbia. "(c) Immediately upon the filing of such an application the Board shall fix the time for a prompt hearing thereof. " (d) Pending such hearing the applicant may file with the Board a written request that the Board grant such temporary relief from such order as the Board may deem just and proper. Such temporary relief may be granted by the Board only after a hearing by the Board at which both the applicant and the respondent were afforded an opportunity to be heard, and only if respondent was given ample notice of
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