156
PUBLIC LAW 92-303-MAY 19, 1972
[86 STAT.
the parties to present information relating to such violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United 80 Stat. 384. States Codc. Each hearing examiner presiding under this section and 30 USC 811, under the provisions of titles I, II and III of this Act shall receive ^'*^' ^^^' compensation at a rate not less than that prescribed for GS-16 under s^usc 5332 section 5332 of title 5, United States Code. Upon receiving the report note. of such investigation, the Secretary shall make findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein, requiring the person committing such violation to take such affirmative action as the Secretary deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay. If he finds that there was no such violation, he shall issue an order denying the application. Such order shall incorporate the Secretary's findings therein. P®"«ity"(c) Whenever an order is issued under this subsection granting relief to a miner at the request of such miner, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees) as determined by the Secretary to have been reasonably incurred by such miner for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing the violation.", (8) by adding at the end thereof the following new section: Appropriation. "SEC. 429. There IS authorized to be appropriated to the Secretary of Labor such sums as may be necessary to carry out his responsibilities under this title. Such sums shall remain available until expended.", 83 Stat. 796. (9) by Striking " 7 " in section 422(a), and (10) by adding at the end thereof the following new section: Applicability. "SEC. 430. The amendments made by the Black Lung Benefits Act 30 USC 921. of 1972 to part B of this title shall, to the extent appropriate, also 30 USC 931. apply to part C of this title: Provided, That for the purpose of determining the applicability of the presumption established by secAnte, p. 154. ^^^^ 411(c)(4) to claims filed under part C of this title, no period of employment after June 30, 1971, shall be considered in determining whether a miner was employed at least fifteen years in one or more underground mines." noufilatio'n' ^^^: ^' "^^^^^ ^ ^ ^^ ^^® Federal Coal Mine Health and Safety Act of '^°AntT p°'^i 55 'i-^^^ is amended by adding at the end thereof the following new section: "SEC. 431. The Secretary of Health, Education, and Welfare shall, upon enactment of the Black Lung Benefits Act of 1972, generally disseminate to all persons who filed claims under this title prior to the date of enactment of such Act the changes in the law created by such Act, and forthwith advise all persons whose claims have been denied for any reason or whose claims are pending, that their claims will be reviewed with respect to the provisions of the Black Lung Benefits Act of 1972." erio^ridm"nistra ^^^^ T* ^^^^^ ^^ ^^ ^^^ Federal Coal Mine Health and Safety Act tion? ' ^ "'^"^^"•^' of 1969 is amended by adding at the end of part B thereof the following new section: "SEC. 416. (a) Notwithstanding any other provision in this title, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen's compensation agency or the Secretary of Labor, any claim for benefits under this part filed
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