Scheme Nickname: 
Commission Proceedings

This scheme covers a variety of case types. Cases often concern violations of either the Mine Act or regulations under 30 CFR 1-199. A case is first heard by an ALJ. Then a case is reviewed by the Federal Mine Safety and Health Review Commission itself. Review of a Judge’s decision by the Review Commission is not a matter of right but requires the affirmative vote of at least two Commissioners. Should a party opt to appeal the commission decision, judicial review is available to the local federal circuit court or to the DC Circuit Court of Appeals.

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.
Verified by Agency: 
Not verified
Is this a Major Adjudication: