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FMSHCITA0002 - Appeal Level 1 - Procedures

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Agency Scheme:

FMSHCITA0002

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Commission

Appeal Office (global name):

Federal Mine Safety and Health Review Commission: 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 Commissions 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

Information About Appeal Officer:

Adjudication Officer Title	Are persons in this position subject to performance evaluation?	Are persons in this position employed full-time as adjudication officers?	Are persons in this position subject to quality control measures or production goals?	If "Yes," briefly describe:
Federal Mine Safety and Health Review Commissioner	No	Yes	Yes	In the commission's strategic plan for 2007-2012, the commission lists some goals related to production: Manage the case assignment process to assure that initial filings and response time frames are adhered to, resulting in case assignment averages that are less than the time frames in the Commissions procedural rules. Issue decisions on more than 90 percent of the cases in which hearings are held within 180 days of receipt of post-hearing briefs. Issue more than 90 percent of all settlement decisions within 60 days of receipt of settlement motions. Decide more than 90 percent of all cases within 15 months of assignment to an ALJ. Decide, on average, all cases, within 365 days from receipt by the Commission.

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

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FMSHCITA0002 - Appeal Level 1 - Procedures