Scheme: 
FMSHFADJ0001
Case Type Number: 
5
Statute (Common Name): 
Mine Improvement and New Emergency Response Act of 2006
Program Area: 
Health & Safety
Legal Authorities (Statute/Exec. Order): 
30 U.S.C. § 876(b)(2)(G)
Regulatory Authorities (CFR): 
29 C.F.R. § 2700.24
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
Emergency Response Plan Dispute Proceedings: The MINER Act requires operators of underground coal mines to develop and adopt written emergency response plans (“ERPs”) that provide for the evacuation of all miners endangered by an emergency and maintain those miners who are not able to evacuate. The Secretary of Labor is required to review and approve an operator’s plan. In the event of a dispute between the Secretary and an operator over the content of a plan, the Secretary will issue a citation to the operator and send a referral to the FMSHRC Office of Administrative Law Judges. A FMSHRC ALJ then adjudicates the disputed ERP.
Relief Available in Actions Filed By Private Parties: 
Approval of Request/Application (General)
Reinstatement/Restoration of Existing Right or Privilege
Other Relief from Agency Action
Relief Available in Actions Filed by Agency: 
Revocation/Suspension/Restriction of Existing Right or Privilege
Verified by Agency: 
Verified