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

TheFederal Mine Safety and Health Review Commission (FMSHRC) is anindependent federal agency established in 1977 thatadjudicates 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 toadjudication 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, theU.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 areadjudicated before the FMSHRC.^[1][2]

The FMSHRC operates as anindependent 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 theUnited States courts of appeals.^[1][3]

Leadership

Administrative State
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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 theUnited States Court of Appeals for the 6th Circuit held on July 31, 2018, that theFederal 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 theUnited States Constitution. The panel consisted of judgesJeffrey Sutton,Deborah Cook, andRalph Guy.^[5][6]

The panel issued the decision inJones 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 theUnited States Supreme Court's decision inLucia v. SEC, which held that the ALJs of theSecurities 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

• Administrative law judge
• Adjudication
• Rulemaking

External links

• Search Google News for this topic
• Federal Mine Safety and Health Review Commission homepage

Footnotes

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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 "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget