20 Cfr 725.621

Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations
operator’s liability to the fund, as is
otherwise provided in this part. Interest
payments owed pursuant to this
paragraph shall be paid directly to the
fund.
(c) In any case in which an operator
is liable for the payment of an attorney’s
fee pursuant to § 725.367, and the
attorney’s fee is payable because the
award of benefits has become final, the
attorney shall also be entitled to simple
annual interest, computed from the date
on which the attorney’s fee was
awarded. The interest shall be
computed through the date on which
the operator paid the attorney’s fee.
(d) The rates of interest applicable to
paragraphs (a), (b), and (c) of this
section shall be computed as follows:
(1) For all amounts outstanding prior
to January 1, 1982, the rate shall be 6%
simple annual interest;
(2) For all amounts outstanding for
any period during calendar year 1982,
the rate shall be 15% simple annual
interest; and
(3) For all amounts outstanding
during any period after calendar year
1982, the rate shall be simple annual
interest at the rate established by section
6621 of the Internal Revenue Code (26
U.S.C.) which is in effect for such
period.
(e) The fund shall not be liable for the
payment of interest under any
circumstances, other than the payment
of interest on advances from the United
States Treasury as provided by section
9501(c) of the Internal Revenue Code
(26 U.S.C.).
§ 725.609
persons.

Enforcement against other

In any case in which an award of
benefits creates obligations on the part
of an operator or insurer that may be
enforced under the provisions of this
subpart, such obligations may also be
enforced, in the discretion of the
Secretary or district director, as follows:
(a) In a case in which the operator is
a sole proprietorship or partnership,
against any person who owned, or was
a partner in, such operator during any
period commencing on or after the date
on which the miner was last employed
by the operator;
(b) In a case in which the operator is
a corporation that failed to secure its
liability for benefits in accordance with
section 423 of the Act and § 726.4, and
the operator has not secured its liability
for the claim in accordance with
§ 725.606, against any person who
served as the president, secretary, or
treasurer of such corporation during any
period commencing on or after the date
on which the miner was last employed
by the operator;

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(c) In a case in which the operator is
no longer capable of assuming its
liability for the payment of benefits
(§ 725.494(e)), against any operator
which became a successor operator with
respect to the liable operator (§ 725.492)
after the date on which the claim was
filed, beginning with the most recent
such successor operator;
(d) In a case in which the operator is
no longer capable of assuming its
liability for the payment of benefits
(§ 725.494(e)), and such operator was a
subsidiary of a parent company or a
product of a joint venture, or was
substantially owned or controlled by
another business entity, against such
parent entity, any member of such joint
venture, or such controlling business
entity; or
(e) Against any other person who has
assumed or succeeded to the obligations
of the operator or insurer by operation
of any state or federal law, or by any
other means.
§ 725.620 Failure to secure benefits; other
penalties.

(a) If an operator fails to discharge its
insurance obligations under the Act, the
provisions of subpart D of part 726 of
this subchapter shall apply.
(b) Any employer who knowingly
transfers, sells, encumbers, assigns, or in
any manner disposes of, conceals,
secrets, or destroys any property
belonging to such employer, after one of
its employees has been injured within
the purview of the Act, and with intent
to avoid the payment of benefits under
the Act to such miner or his or her
dependents, shall be guilty of a
misdemeanor and, upon conviction
thereof, shall be punished by a fine of
not more than $1,000, or by
imprisonment for not more than one
year, or by both. In any case where such
employer is a corporation, the president,
secretary, and treasurer thereof shall be
also severally liable for such penalty or
imprisonment as well as jointly liable
with such corporation for such fine.
(c) No agreement by a miner to pay
any portion of a premium paid to a
carrier by such miner’s employer or to
contribute to a benefit fund or
department maintained by such
employer for the purpose of providing
benefits or medical services and
supplies as required by this part shall be
valid; and any employer who makes a
deduction for such purpose from the
pay of a miner entitled to benefits under
the Act shall be guilty of a misdemeanor
and upon conviction thereof shall be
punished by a fine of not more than
$1,000.
(d) No agreement by a miner to waive
his or her right to benefits under the Act

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and the provisions of this part shall be
valid.
(e) This section shall not affect any
other liability of the employer under
this part.
§ 725.621

Reports.

(a) Upon making the first payment of
benefits and upon suspension,
reduction, or increase of payments, the
operator or other employer responsible
for making payments shall immediately
notify the district director of the action
taken, in accordance with a form
prescribed by the Office.
(b) Within 16 days after final payment
of benefits has been made by an
employer, such employer shall so notify
the district director, in accordance with
a form prescribed by the Office, stating
that such final payment, has been made,
the total amount of benefits paid, the
name of the beneficiary, and such other
information as the Office deems
pertinent.
(c) The Director may from time to
time prescribe such additional reports to
be made by operators, other employers,
or carriers as the Director may consider
necessary for the efficient
administration of the Act.
(d) Any employer who fails or refuses
to file any report required of such
employer under this section shall be
subject to a civil penalty not to exceed
$500 for each failure or refusal, which
penalty shall be determined in
accordance with the procedures set
forth in subpart D of part 726 of this
subchapter, as appropriate. The
maximum penalty applicable to any
violation of this paragraph that takes
place after January 19, 2001 shall be
$550.
(e) No request for information or
response to such request shall be
considered a report for purposes of this
section or the Act, unless it is so
designated by the Director or by this
section.
Subpart J—Medical Benefits and
Vocational Rehabilitation
§ 725.701

Availability of medical benefits.

(a) A miner who is determined to be
eligible for benefits under this part or
part 727 of this subchapter (see
§ 725.4(d)) is entitled to medical
benefits as set forth in this subpart as of
the date of his or her claim, but in no
event before January 1, 1974. No
medical benefits shall be provided to
the survivor or dependent of a miner
under this part.
(b) A responsible operator, other
employer, or where there is neither, the
fund, shall furnish a miner entitled to
benefits under this part with such

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