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EDITORIAL NOTE

The Federal Mine Safety and Health Review Commission did not meet the publication deadline for submitting updated information of its activities, functions, and sources of information as required by the automatic disclosure provisions of the Freedom of Information Act (5 U.S.C. 552(a)(1)(A)).

Federal Mine Safety and Health Review Commission

1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710

202-434-9900
http://www.fmshrc.gov | Email: fmshrc@fmshrc.gov

CHAIR Mary Lucille Jordan
Commissioner William I. Althen
Commissioner Robert F. Cohen, Jr.
Commissioner Patrick K. Nakamura
Commissioner Michael G. Young

EXECUTIVE DIRECTOR Lisa M. Boyd
Chief Administrative Law Judge Robert J. Lesnick
General Counsel Michael A. McCord
Senior Policy Advisor John M. McWilliam

The Federal Mine Safety and Health Review Commission ensures compliance with occupational safety and health standards in the Nation's surface and underground coal, metal, and nonmetal mines.

Organizational Chart

The Federal Mine Safety and Health Review Commission is an independent, adjudicative agency established by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), as amended. It provides administrative trial and appellate review of legal disputes arising from enforcement actions taken by the Department of Labor.

The Commission comprises five members whom the President appoints with the advice and consent of the Senate. Each Commissioner serves a 6-year term, and all the terms are staggered. The President appoints one of the Commissioners to serve as the Chair.

The Commission and its administrative law judges decide cases brought before it by the Department of Labor's Mine Safety and Health Administration, mine operators, and miners or their representatives. These cases generally involve review of the Administration's enforcement actions, including citations, mine-closure orders, and proposals for civil penalties issued for violations of the act or the mandatory safety and health standards promulgated by the Secretary of Labor. The Commission also has jurisdiction over discrimination complaints filed by miners or their representatives regarding their safety and health, complaints for compensation filed on behalf of miners idled as a result of mine closure orders issued by the Administration, and disputes involving mine emergency response plans.

Cases brought before the Commission are assigned to the Office of Administrative Law Judges, and hearings are conducted pursuant to the requirements of the Administrative Procedure Act (5 U.S.C. 554, 556) and the Commission's procedural rules (29 CFR 2700).

A judge's decision becomes a final, nonprecedential order of the Commission 40 days after issuance unless the Commission has directed the case for review in response to a petition or on its own motion. If a review is conducted, a decision of the Commission becomes final 30 days after issuance unless a party adversely affected seeks review in the U.S. Circuit Court of Appeals for the District of Columbia or the Circuit within which the mine subject to the litigation is located.

As far as practicable, hearings are held at locations convenient to the affected mines. In addition to its Washington, DC, offices, the Office of Administrative Law Judges maintains an office in the Colonnade Center, Room 280, 1244 Speer Boulevard, Denver, CO 80204.

https://www.fmshrc.gov/about

Sources of Information

Decisions

Commission decisions are published bimonthly and are available through the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402. The Commission's Web site features audio recordings of recent public meetings, a searchable database of previous decisions, procedural rules, recent decisions, and other information.

http://www.fmshrc.gov/decisions
http://www.fmshrc.gov/content/cases-review

Filing

For information on filing requirements, the status of cases before the Commission, or docket information, contact the Office of General Counsel or the Docket Office, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710.

http://www.fmshrc.gov/guides/instructions-electronic-filing

Freedom of Information Act (FOIA)

The FOIA Service Center assists those seeking information through the FOIA. For more information, write to the Federal Mine Safety and Health Review Commission, FOIA Service Center, 1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710. Phone, 202-434-9935. Fax, 202-434-9944.

http://www.fmshrc.gov/foia | Email: foia@fmshrc.gov

News

Recent Commission-related news is available online.

http://www.fmshrc.gov/about/news

Reports

The Commission posts its reports to Congress—as well as budget and annual performance reports and performance accountability reports—online.

http://www.fmshrc.gov/reports-budget-submissions
http://www.fmshrc.gov/contact | Email: fmshrc@fmshrc.gov

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