Other Fields
Agency Scheme: 
FMSHCONT0003
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
Appeal Officer #1 (Title): 
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 - Review by the Commission
Other published guidance for appeal hearings (if any): 
29 CFR 2700 Subpart I - Miscellaneous; 29 C.F.R. § 2700.45(f); 29 C.F.R. 2700.24(g)
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: 
100%
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: 
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?: 
Four or More
If "Varies by Case," please describe: 
The five commissioners are all involved.
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (Some Types of Cases)
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?: 
Other
If "Other/Varies by Case," please describe: 
Commissioner(s)
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Other
If "Other/Varies by Case," please specify: 
Commissioner(s)
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): 
There are two main types of appeal for Contest, Civil Penalty, Discrimination and Compensation Proceedings: Petition for Discretionary Review (29 C.F.R. § 2700.70) and Petition for Interlocutory Review (29 C.F.R. § 3700.76). Additional Details for Temporary Reinstatement and Emergency Response Plan Dispute Proceedings can be found at 29 C.F.R. § 2700.45(f); 29 C.F.R. 2700.24(g).
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
Verified by Agency: 
Not verified