Other Fields
Agency Scheme: 
LABROALJ0003
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Assistant Secretary for Mine Safety and Health
Appeal Office (global name): 
Department of Labor: Assistant Secretary for Mine Safety and Health
Sub-Agency/Bureau/Division:: 
Mine Safety and Health Administration
Appeal Officer #1 (Title): 
Assistant Secretary
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Hearing conducted by administrative law judge with reviews or appeals conducted by the Assistant Secretary for Mine Safety and Health. These cases involve modification of the application of a mandatory safety standard under the Federal Mine Safety and Health Act.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
30 CFR Part 44, Subparts B and C
Other published guidance for appeal hearings (if any): 
http://www.msha.gov/READROOM/HANDBOOK/PH08-I-2.pdf
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
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?: 
Required by Rule
If "Depends on Nature of Case/Claim", please describe: 
30 CFR §§ 44.33 and 44.35
If "Varies by Case," please describe: 
The BRB has five members appointed by the Secretary of Labor. The Board may delegate any or all of its powers except en banc review to panels of three members (20 CFR § 801.301). The BRB Chairman may request that the Secretary designate up to four DOL ALJs to serve as temporary Board members, for not more than one year, in addition to the five permanent members (20 CFR § 801.201(d)).
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (All Types of Cases)
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
If "Varies by Case," please describe: 
Within the discretion of the Board, oral argument shall be open to the public (20 CFR § 802.308(c)). A transcript of any oral argument is included in the record on appeal (20 CFR § 802.403(b)).
PROCESS & PROCEDURE - Post-Hearing Procedure
If "Other/Varies by Case," please specify: 
Assistant Secretary for Mine Safety and Health
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Any party may appeal an ALJ's initial decision within 30 days after service of the initial decision. Any other party has 20 days (after service of the statement of objections) in which to file a responding statement. The Assistant Secretary's decision on the appeal shall be within 120 days after the time for filing responding statements. Any party may request that the decision be expedited. Such requests shall be granted in the discretion of the Assistant Secretary. (30 CFR §§ 44.33 and 44.35)
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
20 CFR § 802.410
PROCESS & PROCEDURE - Case Management
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
http://www.dol.gov/brb/decisions.htm
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
30 CFR § 44.34
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
30 CFR § 44.31
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
BRB rules allow motions for reconsideration of interlocutory orders (20 CFR § 802.219(i)) and Board decisions (20 CFR § 802.407).
ADJUDICATORS
Total # of Appeal Officers: 
5
Verified by Agency: 
Not verified