2700.101—Eligibility for simplified proceedings.

Cases designated for Simplified Proceedings will not involve fatalities, injuries or illnesses, and will generally include one or more of the following characteristics:
(a) The case involves only citations issued under section 104(a) of the Mine Act.
(b) The proposed penalties were not specially assessed under 30 CFR 100.5.
(c) The case does not involve complex issues of law or fact.
(d) The case involves a limited number of citations to be determined by the Chief Judge or designee.
(e) The case involves a limited penalty amount to be determined by the Chief Judge or designee.
(f) The case will involve a hearing of limited duration to be determined by the Chief Judge or designee.
(g) The case does not involve only legal issues.
(h) The case does not involve expert witnesses.