FMSHEAJA0004

Scheme Nickname: 
Equal Access to Justice

The Equal Access to Justice Act provides for award of attorney fees and other expenses to eligible individuals and entities who are parties to proceedings before the Commission. An eligible party may receive an award when it prevails over the Department of Labor's Mine Safety and Health Administration (MSHA), unless the position of the Secretary of Labor was substantially unjustified or special circumstances make an award unjust.

Adjudication Levels: 
LevelName of OfficeAre administrative appeals permitted from final decisions at this stage?
Hearing Level
Yes (All Types of Cases)
Appeal Level 1
No
Verified by Agency: 
Not verified
Is this a Major Adjudication: 
No