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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

Commission

Commission
CHAIR Michael G. Young, Acting

Commissioners Mary Lucille Jordan
(vacancy)
(vacancy)
(vacancy)
https://www.fmshrc.gov/about/commissioners

Administration

Administration
EXECUTIVE DIRECTOR Lisa M. Boyd

Chief Administrative Law Judge Robert J. Lesnick
General Counsel Michael A. McCord
Senior Policy Advisor Timothy A. Greten

The above list of key personnel was updated 10–2018.

The above list of key personnel was updated 10–2018.

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.

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 and the Senate confirms. 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. At the trial level, the FMSHRC's administrative judges decide cases. The Commissioners are responsible for appellate review of a decision made by an administrative law judge.

The FMSHRC 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 FMSHRC 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 FMSHRC are assigned to a judge in 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 FMSHRC's procedural rules (29 CFR 2700).

A judge's decision becomes a final, nonprecedential order of the FMSHRC 40 days after issuance unless it 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 FMSHRC becomes final 30 days after issuance unless a party adversely affected seeks review in the U.S. Court of Appeals for the District of Columbia Circuit 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 offices in Denver, CO, and Pittsburgh, PA.

https://www.fmshrc.gov/about

Sources of Information

Administrative Law Judges

To ask a question regarding a case before an administrative law judge, send an email to the address below or call the Office of the Administrative Law Judges. Phone, 202-434-9950.

https://www.fmshrc.gov/about/aljs | Email: docket@fmshrc.gov

Decisions

Searchable databases of FMSHRC decisions and decisions of administrative law judges are available online.

http://www.fmshrc.gov/decisions

The "Cases on Review" web page includes links to cases currently on review before the FMSHRC and to decisions on appeal before the U.S. Courts of Appeals.

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

Federal Mine Safety and Health Act

The FMSHRC has prepared a version of the Federal Mine Safety and Health Act of 1977 that reflects changes made to it by the Mine Improvement and New Emergency Response Act of 2006. This unofficial document is available in Portable Document Format (PDF) for viewing and downloading.

https://www.fmshrc.gov/content/federal-mine-safety-and-health-act-1977

Filing

Electronic filing may be done through the FMSHRC’s electronic case management system (e-CMS). To use the e-CMS, a filer must register at the FMSHRC-eCMS website. The e-CMS support team is available to provide assistance.

http://www.fmshrc.gov/guides/instructions-electronic-filing | Email: e-CMS.Support@fmshrc.gov

Freedom of Information Act (FOIA)

The FOIA requires Federal agencies to disclose records after receiving a properly written request. The law does include provisions that shield certain records and parts of records from disclosure. 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

Frequently Asked Questions (FAQs)

The FMSHRC posts answers to FAQs.

https://www.fmshrc.gov/guides/faq

Guidance

The "Guides" web page includes links to guidance on proceedings, case procedures, reopening a case, electronic filing, and the Freedom of Information Act,

https://www.fmshrc.gov/guides

Meetings

The FMSHRC posts audio files of decisional public meetings on its website.

https://www.fmshrc.gov/meetings-arguments/meetings

News

The latest FMSHRC news is available online.

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

Oral Arguments

The FMSHRC posts audio files of oral arguments on its website.

https://www.fmshrc.gov/meetings-arguments/arguments

Organizational Chart

The FMSHRC publishes its organizational chart as part of its "Congressional Budget Justification and Annual Performance Plan." In the "Justification and Plan" for fiscal year 2019 (12 FEB 2018), the chart can be found on page 5. The key personnel list of commissioners and administrators, which appears at the top of this entry, is based on the organizational chart published each year in the "Justification and Plan."

https://www.fmshrc.gov/plans/FMSHRC%20FY%202019%20CBJ.pdf

Procedural Rules (29 CFR 2700)

The FMSHRC posts its procedural rules online in Portable Document Format (PDF) for viewing and downloading.

https://www.fmshrc.gov/rules/Procedural%20Rules%20Booklet%20Jan%202014.pdf

Reports / Budget Submissions

The "Reports and Budget Submissions" web page includes links to the FMSHRC's current and past strategic plans, sustainability report, reports to Congress, as well as to its budget and annual performance, buy American, and performance accountability reports.

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

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