FMSHCONT0003 - Case Type 1

Contest Proceedings: A contest proceeding is a case that an operator may file with the Commission in order to challenge a citation or order within 30 days after it has received that citation or order. The operator may file its notice of contest with the Commission even though it has not yet received a proposed penalty assessment for the violation. The notice of contest should include the reasons that the operator is challenging the citation or order, including all issues of law and fact that are relevant, and the relief or remedy that it is seeking. The operator should also attach to the notice of contest a copy of the citation or order that it is challenging. The operator files its contest by sending two copies of its notice of contest and the attached citation or order in the following manner: (1) one copy should be sent to either the appropriate Regional Solicitor’s Office or the Solicitor’s Office in Arlington, Virginia; and (2) the second copy should be sent to the Commission. After MSHA has received a copy of the contest, it will file a response called an “answer” with the Commission and the operator. Eventually, the case will be assigned to a Commission Administrative Law Judge, who will preside up until the time that he or she has issued a decision on the contest.