FMSHFADJ0001

Scheme Nickname: 
Formal adjudication

Formal adjudication scheme of legal disputes arising under the Mine Safety and Health Act of 1977 (Mine Act), including: contests of citations and orders issued by the Department of Labor's Mine Safety and Health Administration (MSHA); contests of MSHA proposed penalty assessments; complaints for compensation; complaints of discharge, discrimination or interference; applications for temporary relief from any modification or order (29 CFR Part 2700). Simplified proceedings are available for certain less complex matters meeting specified regulatory criteria. Simplified proceedings do not require answers, generally do not permit discovery beyond mandatory party disclosures, and require issuance of the presiding ALJ's decision within a specified period of time after the hearing. (29 CFR pt. 2700, subpt. J).

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
Types of Adjudication: 
Type A
Verified by Agency: 
Verified
Is this a Major Adjudication: 
Yes