Other Fields
Agency Scheme: 
FMSHFADJ0001
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): 
Commission Member(s)
Appeal Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appellate review of ALJ decisions/orders for matters arising under the Federal Mine Safety and Health Act (Mine Act), including: contests of citations and orders issued by the Department of Labor's Mine Safety and Health Administration (DOL/MSHA); DOL/MSHA petitions for assessment of penalties; and miners' discrimination complaints, and other matters arising under the Mine Act. (29 CFR Part 2700, Subpart H). Any party adversely affected or aggrieved by an ALJ decision/order may file a petition for discretionary Commission review. The Commission may also review an ALJ decision upon its "own motion." In either case, review by the Commission is granted only upon affirmative vote of two or more Commission members.
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
About what percentage of private parties were represented at hearings (FY2013)?: 
90.00%
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 Part 2700, subparts H & I
Other published guidance for appeal hearings (if any): 
"Guide to Commission Proceedings" (available on agency website)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
80%
In-Person: 
20%
Video: 
0%
Phone: 
0%
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: 
The Commission may, as a matter of discretion, set a case for oral argument on its own motion or on the motion of a party. (29 CFR 2700.77)
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
A quorum of three Commissioners is required to consider and decide cases. Proceedings can be before as many as five Commissioners (i.e., a full panel) or as few as three.
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
Oral appeal hearings are presumed open. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
If "Other/Varies by Case," please describe: 
Draft decisions are prepared by the Office of General Counsel. Commissioners issue final decisions.
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
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
831 Days
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
How are claims/cases processed at this appellate office?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at this office: 
Older cases are normally decided first, but cases involving discrimination claims or interlocutory review issues are given preference.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
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
ADJUDICATORS
Total # of Appeal Officers: 
5
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
186
Total # Cases Decided/Closed (FY2013): 
208
Total # Cases Pending (End of FY2013): 
137
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
If "Yes," please indicate preferred format below.: 
By providing case type statistics on this form
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
No.
Are there distinctive or innovative features of the appellate-level adjudication program covered on this form that you wish to: 
No.
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
No.
Do you have any suggestions or comments about this federal administrative adjudication study?: 
No.
Verified by Agency: 
Verified