[DOCID:186873tx_xxx-66]
From the Government Manual Online via GPO Access
[wais.access.gpo.gov]
[Page 427-429]
[[Page 427]]
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Suite 6000, 1730 K Street NW., Washington, DC 20006-3867
Phone, 202-653-5625. Internet, www.fmshrc.gov.
Chairman Mary Lu Jordan
Commissioners Robert H. Beatty, Jr.,
Marc L. Marks,
James C.
Riley,
Theodore F.
Verheggen
Chief Administrative Law Judge David Barbour
General Counsel Norman M. Gleichman
Executive Director Richard L. Baker
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The Federal Mine Safety and Health Review Commission ensures compliance
with occupational safety and health standards in the Nation's surface
and underground coal, metal, and nonmetal mines.
The Federal Mine Safety and Health Review Commission is an independent,
quasi-judicial agency established by the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 801 et seq.).
The Commission consists of five members who are appointed by the
President with the advice and consent of the Senate and who serve
staggered, 6-year terms. The Chairman is selected from among the
Commissioners.
The Commission and its Office of Administrative Law Judges are
charged with deciding cases brought pursuant to the act by the Mine
Safety and Health Administration, mine operators, and miners or their
representatives. These cases generally involve review of the
Administration's enforcement actions including citations, mine closure
orders, and proposals for civil penalties issued for violations of the
act or the mandatory safety and health standards promulgated by the
Secretary of Labor. The Commission also has jurisdiction over
discrimination complaints filed by miners or their representatives in
connection with their safety and health rights under the act, and over
complaints for compensation filed on behalf of miners idled as a result
of mine closure orders issued by the Administration.
Activities
Cases brought before the Commission are assigned to the Office of
Administrative Law Judges, and hearings are conducted pursuant to the
requirements of the Administrative Procedure Act (5 U.S.C. 554, 556) and
the Commission's procedural rules (29 CFR Part 2700).
A judge's decision becomes a final but nonprecedential order of the
Commission 40 days after issuance unless the Commission has directed the
case for review in response to a petition or on its own motion. If a
review is conducted, a decision of the Commission becomes final 30 days
after issuance unless a party adversely affected seeks review in the
U.S. Circuit Court of Appeals for the District of Columbia or the
Circuit within which the mine subject to the litigation is located.
As far as practicable, hearings are held at locations convenient to
the affected mines. The Office of Administrative Law Judges has two
offices: the Falls Church Office, 2 Skyline, 5203 Leesburg Pike, Falls
Church, VA 22041; and the Denver Office, Colonnade Center, Room 280,
1244 Speer Boulevard, Denver, CO 80204.
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Sources of Information
Commission decisions are published monthly and are available through the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402. Requests for Commission records should be
submitted in accordance with the Commission's Freedom of Information Act
regulations. Other information, including Commission rules of procedure
and brochures explaining the Commission's functions, is available from
the Executive Director, Federal Mine Safety and Health Review
Commission, Sixth Floor, 1730 K Street NW., Washington, DC 20006-3867.
E-mail, info@fmshrc.gov.
For further information, contact the Executive Director, Federal Mine
Safety and Health Review Commission, Suite 6000, 1730 K Street NW.,
Washington DC 20006-3867. Phone, 202-653-5625. Fax, 202-653-5030.
Internet, www.fmshrc.gov. E-mail, info@fmshrc.gov.
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