[United States Government Manual]
[June 01, 2008]
[Pages 416-418]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 416]]

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                                     Robert F. Cohen, Jr., 
                                                          Mary Lu 
                                                          Jordan, 
                                                          Michael G. 
                                                          Young, 
                                                          (vacancy)
Chief Administrative Law Judge                    Robert J. Lesnick
General Counsel                                   Michael A. McCord
Executive Director                                Lisa M. Boyd

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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 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 before it 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, complaints for compensation 
filed on behalf of miners idled as a result of mine closure orders 
issued by the Administration, and disputes over mine emergency response 
plans.

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 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
[GRAPHIC] [TIFF OMITTED] T214669.041


[[Page 418]]

Colonnade Center, Room 280, 1244 Speer Boulevard, Denver, CO 80204.

Sources of Information

Commission decisions are published bimonthly 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, audio recordings of recent public meetings, 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, 601 New 
Jersey Avenue NW., Suite 9500, Washington, DC 20001-2021. Internet, 
www.fmshrc.gov. E-mail, [email protected].
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, 
601 New Jersey Avenue NW., Suite 9500, Washington, DC 20001. E-mail, 
[email protected].

For further information, contact the Executive Director, Federal Mine 
Safety and Health Review Commission, 601 New Jersey Avenue NW., Suite 
9500, Washington DC 20001-2021. Phone, 202-434-9905. Fax, 202-434-9906. 
Internet, www.fmshrc.gov. E-mail, [email protected].

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