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Federal Mine Safety and Health Review Commission

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Federal Mine Safety and Health Review Commission
Federal Mine Safety and Health Review Commission.png
Basic facts
Location:Washington, D.C.
Type:Independent federal agency
Top official:Mary Lu Jordan, Chair
Year founded:1977
Website:Official website


The Federal Mine Safety and Health Review Commission (FMSHRC) is an independent federal agency established in 1977 that adjudicates legal disputes regarding the health and safety of mining operations pursuant to the Federal Mine Safety and Health Act of 1977. The commission's responsibilities are limited to adjudication proceedings. The agency does not issue or enforce regulations.[1][2]

Background

See also: Adjudication

The FMSHRC was established under the Federal Mine Safety and Health Act of 1977. Under the act, the U.S. Department of Labor (DOL) is authorized to issue regulations concerning the health and safety of the nation's mine operations. The regulations are enforced by mine inspectors employed by the DOL's Mine Safety and Health Administration (MSHA). Mine inspectors have the authority to issue citations and orders to mining facilities that violate regulations. Legal disputes that arise out of the MSHA's enforcement actions are adjudicated before the FMSHRC.[1][2]

The FMSHRC operates as an independent federal agency led by five commissioners appointed by the president. As such, the agency is not affiliated with the DOL. The agency's administrative law judges (ALJs) hear cases and issue decisions. Cases before the FMSHRC generally concern disputes over alleged health and safety violations, mine closure orders, or proposed penalties. Appealed decisions are reviewed by the FMSHRC's commissioners at their discretion. All further appeals are directed to the United States courts of appeals.[1][3]

Leadership

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The following individuals held leadership positions with the FMSHRC as of June 2025:[4]

  • Mary Lu Jordan, Chair
  • Moshe Z. Marvit., Commissioner
  • Timothy J. Baker, Commissioner
  • Vacant, Commissioner
  • Vacant, Commissioner

Noteworthy events

Federal appeals court finds appointments of agency ALJs invalid (2018)

A three-judge panel of the United States Court of Appeals for the 6th Circuit held on July 31, 2018, that the Federal Mine Safety and Health Review Commission’s (FMSHRC) roster of ALJs was invalidly appointed. The panel ruled that the FMSHRC’s commissioners, rather than its chief ALJ, must appoint the agency's ALJs pursuant to the Appointments Clause of the United States Constitution. The panel consisted of judges Jeffrey Sutton, Deborah Cook, and Ralph Guy.[5][6]

The panel issued the decision in Jones Brothers Inc., Petitioner, v. Secretary of Labor, Mine Safety and Health Administration; Federal Mine Safety and Health Review Commission, a case on appeal from the FMSHRC concerning a fine issued to Jones Brothers by the Mine Safety and Health Administration for certain safety violations. The panel vacated the FMSHRC’s decision and remanded the case to the agency for new proceedings before a validly appointed ALJ.[5]

The panel opinion cited the United States Supreme Court's decision in Lucia v. SEC, which held that the ALJs of the Securities and Exchange Commission (SEC) are inferior officers of the United States who must be appointed by the SEC commissioners, rather than hired by agency staff, in accordance with the Appointments Clause.[5]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Federal Mine Safety and Health Review Commission, "About," accessed February 22, 2024
  2. ↑ 2.0 2.1 Government Publishing Office, "Federal Mine Safety and Health Act of 1977," accessed August 24, 2018
  3. ↑ U.S. Department of Labor, "Federal Mine Safety and Health Review Commission," accessed August 24, 2018
  4. ↑ Federal Mine Safety and Health Review Commission, "Chairman and Commissioner Tenure," accessed June 12, 2025
  5. ↑ 5.0 5.1 5.2 United States Court of Appeals for the 6th Circuit, "Jones Brothers Inc., Petitioner, v. Secretary of Labor, Mine Safety and Health Administration; Federal Mine Safety and Health Review Commission," July 31, 2018
  6. ↑ Reuters, "6th Circuit says MSHA judges' appointments invalid," July 31, 2018
v • e
The Administrative State
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Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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