Other Fields
Agency Scheme: 
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Commission
Sub-Agency/Bureau/Division:: 
N/A
Appeal Officer #1 (Title): 
Federal Mine Safety and Health Review Commissioner
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
29 CFR 2700 subpart H, 29 CFR 2700 subpart I
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?: 
Depends on Nature of Case/Claim
If "Depends on Nature of Case/Claim", please describe: 
29 CFR 2700.77 Oral argument may be ordered by the Commission on its own motion or on the motion of a party. A party requesting oral argument shall do so by separate motion no later than the time that it files its opening or response brief.
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
29 CFR 2700.70 (b) Review discretionary. Review by the Commission shall not be a matter of right but of the sound discretion of the Commission. Review by the Commission shall be granted only by affirmative vote of at least two of the Commissioners present and voting. By law, a quorum of three Commissioners is required to consider and decide cases appealed from the Commission’s ALJs. Decisions by the Commission list varying numbers of commissioners presiding over a proceeding. Proceedings can be before as many as five commissioners or as few as three.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
- 29 CFR 2700.82 Ex parte communications (b) Prohibited ex parte communication. There shall be no ex parte communication with respect to the merits of a case not concluded, between the Commission, including any member, Judge, officer, or agent of the Commission who is employed in the decisional process, and any of the parties, intervenors, representatives, amici, or other interested persons.
ADJUDICATORS
Total # of Appeal Officers: 
5
Verified by Agency: 
Not verified