Proceedings before a Judge

The following chart describes the procedures in 29 C.F.R. Part 2700 Subpart G of the Commission’s Rules, which are generally applicable to proceedings before a Judge. However, certain provisions within Subpart G may be superseded by provisions within the Commission’s Rules governing specific proceedings, such as Rule 24, which governs emergency response plan dispute proceedings, and Rule 45, which governs temporary reinstatement proceedings.

1. A case is assigned to a Judge.
   
   
2. At any time after a case has been filed, affected miners or their representatives may file a written notice of intervention, which shall be granted as a matter of right. Before the start of a hearing, other persons may file a motion to intervene with the Judge, who may allow participation as a matter of discretion.
   
   
3. 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.
   
   
4. A Judge may require parties to participate in a prehearing conference for consideration of matters that may aid in the expedition of the hearing or disposition of the case.
   
   
5. All cases are assigned a hearing site and date by order of the Judge. At least 20 calendar days before a hearing, written notice of the hearing and the matters of fact and law asserted are given to parties.
   
   
6. At a hearing, a Judge administers oaths, issues subpoenas, rules on offers of proof and receives relevant evidence, disposes of procedural requests, and otherwise regulates the course of the hearing.
   
   
7. The Judge issues a decision in writing that includes findings of fact and conclusions of law. Unless otherwise provided for, the Judge’s jurisdiction in the case terminates when the decision issues.