View source for Federal Mine Safety and Health Review Commission

{{Organization
|OrganizationName=Federal Mine Safety and Health Review Commission
|OrganizationType=Independent Agencies
|Mission=To provide administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977, ensuring compliance with safety and health standards in the nation's mines. It seeks to resolve disputes fairly and impartially to protect miners' health and safety.
|CreationLegislation=Federal Mine Safety and Health Act of 1977
|Employees=76
|Budget=Approximately $18 million (fiscal year 2024)
|OrganizationExecutive=Chairman
|Services=Adjudication of disputes under the Mine Act; appellate review; decisions on citations, penalties, and discrimination complaints
|HeadquartersAddress=1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004
|Website=https://www.fmshrc.gov
}}
{{Infobox government agency
| agency_name     = Federal Mine Safety and Health Review Commission
| seal            = Federal Mine Safety and Health Review Commission seal.png
| seal_width      = 180px
| seal_caption    = Seal of the Federal Mine Safety and Health Review Commission
| formed          = {{start date and age|1977|11|10}}<ref>[https://www.law.cornell.edu/uscode/text/30/823 30 U.S. Code § 823 - Federal Mine Safety and Health Review Commission - cornell.edu]</ref>
| date1           = 
| date1_name      = 
| date2           = 
| date2_name      = 
| preceding1      = Interior Board of Mine Operations Appeals
| preceding2      = 
| dissolved       = 
| superseding     = 
| jurisdiction    = 
| coordinates     = 
| headquarters    = [[Washington, D.C.]]
| employees       = 76
| budget          = $18 million (2022)
| chief1_name     = Mary Lu Jordan<ref>{{cite web|url=https://www.fmshrc.gov/bios/commissioner/mary-lu-jordan|title=Mary Lu Jordan|website=www.fmshrc.gov|access-date=October 12, 2022}}</ref>
| chief1_position = Chairman
| child2_agency   = 
| website         = {{official URL}}
| footnotes       = 
}}
The '''Federal Mine Safety and Health Review Commission''' (MSHRC) is an independent adjudicative agency of the [[United States government]] that provides [[administrative law|administrative trial]] and appellate review of legal disputes arising under the Federal Mine Safety and Health Amendments Act, or Mine Act, of 1977.

== Overview ==

Under the Mine Act, the [[U.S. Department of Labor]] issues regulations covering health and safety in the nation's [[mining|mines]]. Federal mine inspectors employed by the Department's [[Mine Safety and Health Administration]] (MSHA) enforce these regulations by issuing citations and orders to mine operators. The commission is concerned solely with the adjudication of disputes under the Mine Act, including the determination of appropriate penalties. It does not regulate mining or enforce the Mine Act. The commission was established as an independent agency to ensure its impartiality.

Most cases deal with civil penalties assessed against mine operators and address whether the alleged safety and health violations occurred as well as the appropriateness of proposed penalties. Other types of cases include orders to close a mine, miners' charges of safety related discrimination and miners’ requests for compensation after the mine is idled by a closure order.

The commission's [[administrative law judge]]s (ALJs) decide cases at the trial level. The five-member Commission provides appellate review. Commissioners are appointed by the [[U.S. President|President]] and confirmed by the [[United States Senate|Senate]]. Review of an ALJ decision by the commission is not guaranteed but requires the affirmative vote of two Commissioners. Most of the cases accepted for review are generated from petitions filed by parties adversely affected by an ALJ decision. However, cases can also be accepted based on the commission's own direction for review. An ALJ decision that is not accepted for review becomes a final, non-precedential order of the commission. Appeals from the commission's decisions are to the U.S. courts of appeals.

Procedures for appealing cases to the commission are contained in its Rules of Procedure published in [https://web.archive.org/web/20050408201822/http://www.fmshrc.gov/rules/prorules11-99.html 29 CFR Part 2700]. The commission also publishes these rules in a separate pamphlet. A brochure, entitled "[http://www.fmshrc.gov/guides/howacase.html How a Case Proceeds Before the Commission]" is also available. The commission's headquarters and Office of Administrative Law Judges are co-located in [[Washington, D.C.]], with an additional OALJ's offices in [[Denver, Colorado]] and [[Pittsburgh, Pennsylvania]]. Currently, the commission has a budget of more than [[United States Dollar|US$]]18 million and a staff of 76 employees.<ref>{{Cite web |date=March 28, 2022 |title=Congressional Budget Justification and Annual Performance Plan |url=https://www.fmshrc.gov/plans/FY2023%2520Justification%2520April.pdf}}</ref>

==Commissioners==
The commission is composed of five members, appointed by the [[president of the United States]] with the consent of the [[United States Senate]]. All members shall be appointed on the basis of their training, education, or experience. Members are appointed to terms of six years. They cannot continue to serve on the commission past expiration of their term. Any member of the commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.<ref name="USC">{{USCode|30|823}}</ref>

The President designates one member to serve as chairperson of the commission. Three members of the commission constitutes a quorum.<ref name="USC" />

===Current commissioners===
The current commissioners as of September 28, 2024:<ref>{{cite web |url=https://fmshrc.gov/about/commissioners |title=Commissioners |author=<!--Not stated--> |date=<!--Not stated--> |website=FMSHRC.gov |publisher=Federal Mine Safety and Health Review Commission |access-date=September 28, 2024}}</ref>
{| class="wikitable sortable" style="text-align:center"
! Position
! Name
! Party
! Assumed office
! Term expiration
|-
! Chair
| {{sortname|Mary Lu|Jordan}}
| {{party shading/Democratic}} | Democratic
| {{dts|2022|10|11}}
| {{dts|2026|08|30}}
|-
! Member
| {{sortname|Timothy J.|Baker}}
| {{party shading/Democratic}} | Democratic
| {{dts|2022|10|11}}
| {{dts|2026|08|30}}
|-
! Member
| {{sortname|Moshe Z.|Marvit}}
| {{party shading/Democratic}} | Democratic
| {{dts|2024|03|25}}
| {{dts|2028|08|30}}
|-
! Member
| ''Vacant''
| {{party shading/Republican}} | Republican
| 
| {{dts|2030|08|30}}
|-
! Member
| ''Vacant''
| {{party shading/Republican}} | Republican
| 
| {{dts|2030|08|30}}
|}

===Nominations===
President [[Joe Biden|Biden]] has nominated the following to fill seats on the commission. They await Senate confirmation.<ref>{{cite web |url=https://www.congress.gov/quick-search/nominations?wordsPhrases=Federal+Mine+Safety+and+Health+Review+Commission&wordVariants=on&congressGroups%5B0%5D=0&congresses%5B0%5D=118&nomCivil=on&nomOther=on&pnNumbers=&nomineeNames=&positions=&organizations=&stateTerritories%5B0%5D=any&nominationAction=&dates=datesReceivedInSenate&dateOperator=equal&startDate=&endDate=&dateIsOption=yesterday |title=Quick Search Federal Mine Safety and Health Review Commission |author=<!--Not stated--> |date=<!--Not stated--> |website=Congress.gov |publisher=Library of Congress |access-date=September 28, 2024}}</ref>
{| class="wikitable sortable" style="text-align:center"
|-
! Name !! Term expires !! Replacing
|-
| {{sortname|Marco M.|Rajkovich Jr.}} || {{dts|2030|08|30}} || Reappointment
|}

==See also==
* [[Title 29 of the Code of Federal Regulations]]

==References==
{{Reflist}}

==External links==
* {{official website|2=Federal Mine Safety and Health Review Commission}}
* [https://catalog.archives.gov/id/18538642 Records of the Federal Mine Safety and Health Review Commission in the National Archives (Record Group 470)]

{{Authority control}}

[[Category:Independent agencies of the United States government]]
[[Category:Mining law and governance]]
[[Category:Government agencies established in 1977]]
[[Category:Mine safety]]


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