400.735-107 Specific provisions of agency regulations governing special Government employees. 400.735-108 Statements of employment and financial interest by employees.

AUTHORITY: The provisions of this Part 400 issued under E.O. 11222, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.101 et seq.

SOURCE: The provisions of this Part 400 appear at 31 F.R. 2897, Feb. 18, 1966, unless otherwise noted.

the confidentiality of such statements as provided in 5 CFR 735.410.

[32 F.R. 13809, Oct. 4, 1967]

§ 400.735-103 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be reviewed by the Board Members of the agency. When this review indicates a conflict between the interests of an employee or special Government employee of the agency and the performance of his services for the Government, the Board Members of the agency shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict.

§ 400.735-104 Disciplinary and other remedial action.

Pursuant to 5 CFR 735.104(f), the Federal Coal Mine Safety Board of Review (referred to hereinafter as the agency) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101-735.102, 735.201(a), 735.202 (a), (d), (e), (f) -735.210, 735.302, 735.303 (a), 735.304, 735.305(a), 735.306, 735.403(a), 735.404, 735.405, 735.406, 735.407-735.411, 735.412 (b) and These adopted sections are modified and supplemented as set forth in this part. [32 F.R. 13809, Oct. 4, 1967]

(d).

or adopted under § 400.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties; (b) Divestment by the employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

of agency.

The General Counsel of the agency is designated to be the counselor for the agency and to serve as the designee of the agency to the Civil Service Commission, on matters covered by this part. It shall be the duty of the General Counsel, among other things, to give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interests and on all other matters covered by this part. It shall also be the duty of the General Counsel to retain each statement of employment and financial interest, and each supplementary statement, filed under these regulations, and to maintain

favors.

The agency authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)–(4).

§ 400.735-106 Outside employment.

An employee of the agency may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment.

§ 400.735-107 Specific provisions of agency regulations governing special Government employees.

(a) Special Government employees of the agency shall adhere to the standards

As used in this part:

(a) The terms "Board," "Bureau," "Director," "duly authorized representative of the Bureau," "mine," and "operator," shall have the meanings set forth in section 201(a) of the Federal Coal Mine Safety Act, as amended.

(b) (1) The term "act" means the Federal Coal Mine Safety Act, as amended.

(2) The term "closing order" means an order issued under sections 203 (a), 203(c), or 203 (d), or section 206 of the act, which requires an operator to cause persons to be withdrawn from, and to be debarred from entering, an area of a mine.

(3) The term "classification order" means an order issued under section 203 (f) or section 206 of the act, requiring the operator of a mine to comply with the provisions of section 209 of the act which pertain to gassy mines, in the operation of such mine.

(4) The term "applicant” means an operator who has applied to the Board for annulment or revision of either a closing or classification order.

(5) The term "respondent" means the Director of the U.S. Bureau of Mines, in any proceeding before the Board.

§ 401.2

INITIAL PROCEEDINGS

Who may initiate proceedings. (a) An operator notified of a closing order, or of a classification order, made pursuant to section 203 of the act may apply directly to the Board for annulment or revision of such order, without first appealing to the Director under section 206 of the act.

(b) An operator notified of a closing order, or of a classification order, made by the Director pursuant to section 206 of the act may apply to the Board for annulment or revision of such order. § 401.3 Where to file.

Each application shall be filed with the Board, at its office in Room 707-8, Universal North Building, 1875 Connecticut Avenue NW., Washington, D.C., 20452.

§ 401.4 Form of application; other pleadings.

(a) No special form of application is required to initiate an appeal under the

act. However, each application shall recite the order complained of, and other facts sufficient to advise the Board of the nature of the proceeding.

(b) The application shall be signed by the operator, or by any person authorized to represent the operator under § 401.8.

(c) Optional forms which meet the foregoing requirements may be obtained, without charge, by request to the Board at its office referred to in § 401.3.

(d) Other pleadings by either party may be required, within the discretion of the Board.

(a) Application for review of a closing order may be filed at any time while such order is in effect.

(b) Application for review of a classification order must be filed not later than 20 days after receipt of notice of such order.

§ 401.6 Computation of time.

(a) Except as otherwise provided by law, in computing any period of time prescribed or allowed by any rule, regulation, notice, or order of the Board, or by any applicable statute, the day of the act, event, or default from or after which the designated period of time begins to run shall not be included; but the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday in the District of Columbia, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or a holiday. When a period of time prescribed or allowed is seven days or less, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation; otherwise, Saturdays, Sundays, and holidays shall be included in the computation. A partday holiday shall be considered as other days and not as a holiday.

(b) When an applicable act or any rule, regulation, notice or order of the Board requires the filing of an application, motion, brief, or other document in any proceeding, such document must be received by the Board before the close of business of the last day of the time limit for such filing.

§ 401.7 Service on Director.

(a) The applicant shall send a copy of the application by registered mail or by certified mail to the Director at Washington, D.C.

(b) A copy of any request for temporary relief shall also be sent by registered mail or by certified mail to the Director at Washington, D.C.

(c) Proof of service must be made before the application or any request for temporary relief will be considered by the Board. A statement by the applicant or his attorney clearly stating the time, date, place, and method of mailing the copy will be accepted as prima facie proof of service.

§ 401.8 Applicants; attorneys.

(a) Any person may file and prosecute his own application for review, or the application of a firm, partnership, corporation or association of which he is a member, or an official, and which he is authorized to represent.

(b) An applicant may be represented by an official of a coal mine operators' association of which he is a member and which official has been authorized to represent him as attorney-in-fact in the proceeding.

(c) An applicant may be represented by an attorney-at-law in good standing, who is admitted to practice before any Federal court, or the highest court of any State or territory of the United States, and who is not under any order of any Court suspending, enjoining, restraining, disbarring or otherwise restricting, him in the practice of law.

(d) Each attorney representing an applicant or respondent shall enter his appearance with the Board prior to par