Mine review commission publishes another rule to simplify procedures

January 7, 2011

Washington – A new final rule from the Federal Mine Safety and Health Review Commission is intended to simplify the commission's civil penalty proceedings.

Published in the Dec. 28 Federal Register, the rule proposes several procedural changes, including:
    • Early discussions between parties and the judge narrowed
    • Earlier disclosure of certain materials
    • Prohibiting discovery except as ordered by the judge

The rule is one of several FMSHRC has proposed over the past year to streamline the appeals process. Since the enactment of the Mine Improvement and New Emergency Response Act in 2006, the commission has been overwhelmed by an increased number of appeals of citations and penalties from the Mine Safety and Health Administration.