Assuming that a mine operator does not get relief at a MSHA conference, the operator can contest a citation/order, its abatement time and the related civil penalty at the Federal Mine Safety and Health Review Commission.

Premium Content

FMSHRC ALJ Proceedings

Representation

Rules of Procedure

Default Orders

Section 104 versus Section 107 Contests

Two Opportunities for Section 104 Contests

Contest Proceedings

Expedited Hearings

Temporary Relief

Double Filing Requirement

Civil Penalty Proceedings

Multiple Citation/Orders

Firm Deadline

Late Filing

Inadvertent Payment

Petition & Answer

Form Pleading

Modification of Citations/Orders

Assignment of ALJ

Communication with ALJ

Prehearing Orders

Discovery

Discovery Deadlines

Methods of Discovery

ALJ Role in Discovery

Subpoenas

Limitations on Discovery

Informant Protection

Summary Decision

Settlement

Vacation and Dismissal

Hearing Arrangements

Burden of Proof

Case Presentation

ALJ Examination of Witnesses

Lax Evidence Rules

Procedural Objections

ALJ Decision

Appeal

Effect of ALJ Decision

Get Instant Access

Lawyer Articles

	Counting the Days to Challenge MSHA

	Why no jury trial?

	The AWC Victory -- Lessons for the Future


Turn on These Links

FMSHRC ALJ Proceedings News


	ALJ Limits Attorney Work Product Privilege


	MSHA Agrees to Settlement after Hearing


	MSHA Delay No Basis for Dismissal


	Secretary Okay to File Petition Two Years Late


	MSHA Okay to File Petition Four Months Late


	Operator Properly Cited for Contractor’s Failure to Tie-Off


	Miner Required to Turn Over Tape Recordings


	Settlement Specifies Acceptable Operating Temperatures of Coal Mining Equipment


	ALJ Says MSHA Can Discover Confidential Information


	ALJ Dismisses Case Where Operator Mistakenly Paid Penalty