C.F.R. » Title 29 » CHAPTER XXVII—FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION › PART 2700—PROCEDURAL RULES › Subpart A—General Provisions

29 C.F.R. § 2700.1

Scope; applicability of other rules; construction

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(a) Scope. (1) This part sets forth rules applicable to proceedings before the Federal Mine Safety and Health Review Commission (“the Commission”) and its Administrative Law Judges (“ALJs”). The Commission is an adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (“the Act”). The Commission is an independent agency, not a part of nor affiliated in any way with the U.S. Department of Labor or its Mine Safety and Health Administration (“MSHA”). The location of the Commission's headquarters is at 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004-1710; and its primary phone number is 202-434-9900. The Commission maintains a website at http://www.fmshrc.gov where these rules, recent and many past decisions of the Commission and its ALJs, and other information regarding the Commission, can be accessed.

(2) Unless the Commission provides otherwise, amendments to these rules are effective 60 days following publication in the Federal Register and apply to cases initiated after they take effect. They also apply to further proceedings in cases pending on the effective date, except to the extent that application of the amended rules would not be feasible, or would work injustice, in which event the former rules of procedure would continue to apply.

(b) Applicability of other rules. On any procedural question not regulated by the Act, these Procedural Rules, or the Administrative Procedure Act (particularly 5 U.S.C. 554 and 556), the Commission and its ALJs shall be guided so far as practicable by the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure.

(c) Construction. These rules shall be construed to secure the just, speedy and inexpensive determination of all proceedings, and to encourage the participation of miners and their representatives.

[90 FR 5617, Jan. 17, 2025]
Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1983–2025 · leading case: Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth Re, 841 F.3d 661 (5th Cir. 2016).
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Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth Re, 841 F.3d 661 (5th Cir. 2016). · cites it 2× “” 29 C.F.R. § 2700.1 (b). MSHA may cite mine operators for violations of the Mine Act and applicable safety regulations.”
Lone Mountain Processing, Inc. v. Sec'y of Labor, 709 F.3d 1161 (D.C. Cir. 2013). “] 29 C.F.R. § 2700.1 (b) (emphasis added). Congress could have made the Federal Rules applicable to the Commission but did not.”
Cactus Canyon Quarries, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 820 F.3d 12 (D.C. Cir. 2016). “See 29 C.F.R. § 2700.1 (b) (“On any procedural question not regulated by the [Mine] Act, these Procedural Rules, or the Administrative Procedure Act .”
Sec'y of Labor v. Westfall Aggregate & Materials, Inc., 69 F.4th 902 (D.C. Cir. 2023). · cites it 2× “” (citing 29 C.F.R. § 2700.1 (b))). Rule 60(b) motions to reopen may be based on “mistake, inadvertence, surprise, or excusable neglect;” or “any other reason that justifies relief.”
Climax Molybdenum Co. v. Sec'y of Labor, Mine Saf. & Health Admin., 703 F.2d 447 (10th Cir. 1983). “” 29 C.F.R. § 2700.1 (b) (1982). The Commission has no rule governing voluntary dismissal of administrative proceedings and therefore considered the government’s motion as analogous to a motion for voluntary dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure.”
Sec'y of Labor v. Indus. TurnAround Corp., 138 F.4th 1339 (D.C. Cir. 2025). “(citing 29 C.F.R. § 2700.1 (b)), by Federal Rule of Civil Procedure (FRCP) 60(b), which allows for relief from a final order because of “mistake, inadvertence, surprise, or excusable neglect.”
Sec'y of Labor v. Westfall Aggregate & Materials, Inc. (AMENDED OPINION) (D.C. Cir. 2023). · cites it 2× “” (citing 29 C.F.R. § 2700.1 (b))). Rule 60(b) motions to reopen may be based on “mistake, inadvertence, surprise, or excusable neglect;” or “any other reason that justifies relief.”
Su v. Alaska Goldmine LLC (D. Alaska 2023). “; 29 C.F.R. § 2700.1 et seq. 72 Docket 3 at 2.”
Tintic Consol. Metals v. Sec'y of Labor (10th Cir. 2025). “, 15 FMSHRC 782 , 787 (1993) (stating that, “[i]n reopening final orders, the Commission has found guidance in, and has applied, ‘so far as practicable,’ Rule 60(b) [of the Federal Rules of Civil Procedure]” (quoting 29 C.F.R. § 2700.1 (b))); see also Lone Mountain, 709 F.”
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