In Lone Mountain Processing V

Multiple Choice

In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that:

A) federal law made the 30-day period mandatory, so the citation was final and could not be appealed.
B) federal law made the 30-day period mandatory, so the citation was final and could not be appealed
C) appeals of MHSA decisions were required to go before the Department of Labor Review Panel before the matter could be taken to federal court
D) the mining company had not exhausted all procedural remedies so the appeal was not ripe for consideration by the appeals court
E) none of the other choices are correct