DISCLAIMER

The following summary is provided for informational purposes only and is not binding legal authority. A more comprehensive explanation of procedural matters is provided in the Procedural Rules (29 C.F.R. Part 2700) of the Federal Mine Safety and Health Review Commission (“the Commission”). The Commission has also compiled a list of frequently asked questions and answers. In that compilation, the Commission has addressed problems that arise in contesting penalties. The Commission is currently engaging in procedural rulemaking and the procedures summarized here may change. If these procedures change, the Commission will replace the following summary with updated information.

FILING A REQUEST TO REOPEN A FINAL COMMISSION ORDER

A proposed penalty assessment becomes a final order if you fail to contest it within 30 days after receiving it. Once the proposed assessment becomes a final order, you are no longer able to contest it and will have to pay the penalty amount proposed by MSHA unless you file a request to reopen. You may receive a letter from MSHA telling you that you are delinquent and demanding that you pay the penalty. Interest will accrue on unpaid penalties.

If a proposed penalty assessment has become a final order and you still want to contest the proposed penalty, you must file a request to reopen the final order with the Commission. The Commission is a different federal agency than MSHA. Your request to reopen may be a motion or a letter.

Your request to reopen should include:

• Mine operator’s name and mine ID number;
• Your name, relationship to the mine operator, and contact information (address, phone number, email address);
• A copy of the proposed penalty assessment you seek to reopen and challenge;
• Detailed reason(s) why you did not send a contest of the proposed penalty assessment on time; and
• Supporting documentation (which should be as reliable as possible).

You must send your request to reopen to:

Executive Director
Federal Mine Safety and Health Review Commission
601 New Jersey Avenue, N.W.
Suite 9500
Washington, D.C. 20001

You must also send a copy of your request and all attachments to:

Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety & Health
1100 Wilson Blvd., 22nd Floor
Arlington, VA 22209