The Federal Mine Safety and Health Review Commission is an independent adjudicative agency of the United States government that provides administrative trial

Administrative law

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

 and appellate review of legal disputes arising under the Federal Mine Safety and Health Amendments Act, or Mine Act, of 1977.

Under the Mine Act, the U.S. Department of Labor issues regulations covering health and safety in the nation's mines

Mining

Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...

. Federal mine inspectors employed by the Department's Mine Safety and Health Administration

Mine Safety and Health Administration

The Mine Safety and Health Administration is an agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce...

 (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

Administrative law judge

An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...

s (ALJs) decide cases at the trial level. The five-member Commission provides appellate review. Commissioners are appointed by the President and confirmed by the Senate

United States Senate

The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

. 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 29 CFR Part 2700. The Commission also publishes these rules in a separate pamphlet. A brochure, entitled "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.

Washington, D.C.

Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

, with an additional OALJ's offices in Denver, Colorado

Denver, Colorado

The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...

 and Pittsburgh, Pennsylvania

Pittsburgh, Pennsylvania

Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...

. Currently, the Commission has a budget of more than US$

United States dollar

The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....

7 million and a staff of 50 employees.