[United States Government Manual]
[June 01, 2005]
[Pages 416-419]
[From the U.S. Government Publishing Office, www.gpo.gov]




FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

 601 New Jersey Avenue NW., Suite 9500, Washington, DC 20001-2021

Phone, 202-434-9900. E-mail, [email protected]. Internet, www.fmshrc.gov.
Chairman                                          Michael F. Duffy
Commissioners                                     Mary Lu Jordan, 
                                                          Stanley C. 
                                                          Suboleski, 
                                                          Michael G. 
                                                          Young, 
                                                          (vacancy)
Chief Administrative Law Judge                    Robert J. Lesnick
General Counsel                                   Thomas A. Stock
Executive Director                                Richard L. Baker

[[Page 417]]

------------------------------------------------------------------------

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.) that provides administrative trial 
and appellate review of legal disputes arising from enforcement actions 
taken by the Department of Labor.
    The Commission consists of five members who are appointed by the 
President with the advice and consent of the Senate and who serve 
staggered 6-year terms. The Chairman is appointed from among the 
Commissioners by the President.
    The Commission and its Office of Administrative Law Judges are 
charged with deciding cases brought pursuant to the act by the 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 in 
connection with their safety and health rights under the act, and over 
complaints for compensation filed on behalf of miners idled as a result 
of mine closure orders issued by the Administration.

Activities

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 Part 2700).
    A judge's decision becomes a final but 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.

Sources of Information

Commission decisions are published monthly and are available through the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402. The Commission's Web site includes recent 
decisions, a searchable database of previous decisions, procedural 
rules, and other pertinent information. Requests for Commission records 
should be submitted in accordance with the Commission's Freedom of 
Information Act regulations. Other information, including Commission 
rules of procedure and brochures explaining the Commission's functions, 
is available from the Executive Director, Federal Mine Safety and Health 
Review Commission, Suite 9500, 601 New Jersey Avenue NW., Washington, DC 
20001-2021. E-mail, [email protected].

[[Page 418]]

[GRAPHIC] [TIFF OMITTED] T201944.041

[[Page 419]]

For further information, contact the Executive Director, Federal Mine 
Safety and Health Review Commission, Suite 9500, 601 New Jersey Avenue 
NW., Washington DC 20001-2021. Phone, 202-434-9900. Fax, 202-434-9944. 
Internet, www.fmshrc.gov. E-mail, [email protected].

------------------------------------------------------------------------