Other Fields
Agency Scheme: 
FMSHCITA0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administrative Law Judges
Name of Hearing Office (global name): 
Federal Mine Safety and Health Review Commission: Office of Administrative Law Judges
Sub-Agency/Bureau/Division:: 
N/A
Hearing Officer #1 (Title): 
Administrative Law Judge (ALJ)
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

- There are a wide variety of case types adjudicated under the same scheme. All case types follow the same path.
- In order for a case to be decided by the Federal Mine Safety and Health Review Commission, there must be at least three members present to make a quorum.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
29 CFR 2700, 29 CFR 2704
Other published guidance for hearings (if any): 
"How a hearing proceeds before the commission" (http://www.fmshrc.gov/guides/how-case-proceeds-commission#proceedings) "Frequently Asked Questions" (http://www.fmshrc.gov/guides/faq) "Guide to Commission Proceedings" (http://www.fmshrc.gov/guides/guide-commission-proceedings) Justification of appropriation estimates for committee on appropriations FY12 (http://www.fmshrc.gov/plans/FY13budget_request.pdf)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
After an answer has been filed, a party may conduct discovery, including depositions, interrogatories, and requests for admissions, for production of documents, or for inspections. 29 CFR 2700.58
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
20 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in oral hearings, but N/A in document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination is permitted in oral hearings, but N/A in document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In person hearings are presumed open (but may be closed under certain circumstances). This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
In simplified proceedings. 29 CFR 2700.108 (f) Judge’s decision. The Judge shall make a decision that constitutes the final disposition of the proceedings within 60 calendar days after the hearing. The decision shall be in writing and shall include all findings of fact and conclusions of law; the reasons or bases for them on all the material issues of fact, law, or discretion presented by the record; and an order. If a decision is announced orally from the bench, it shall be reduced to writing within 60 calendar days after the hearing. An order by a Judge approving a settlement proposal is a decision of the Judge.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
530 Days
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 CFR 2700.69
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Total # of Hearing Officers: 
19
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Mandatory
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Agency Counsel
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 CFR 2700.53
Other published guidance on ADR process (if any):: 
"How a hearing proceeds before the commission" (http://www.fmshrc.gov/guides/how-case-proceeds-commission#proceedings)
Comments/Notes on ADR Process (Optional): 
- A Judge may require parties to participate in a prehearing conference , either in person or telephonically, for consideration of matters that may aid in the expedition of the hearing or disposition of the case. - The Judge may also require the parties to submit prehearing statements addressing one or more of the matters set forth in paragraph (a) of this section.
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
In fiscal year 2012, 79% of cases ended in settlement orders. There was no mention of whether ADR is the reason behind settlement.
Verified by Agency: 
Not verified