C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE REQUIREMENTS › PART 44—RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS › Subpart E—Effect of Initial Decision

30 C.F.R. § 44.51

Finality for purposes of judicial review

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Only a decision by the Assistant Secretary shall be deemed final agency action for purposes of judicial review. A decision by an Administrator or administrative law judge which becomes final for lack of appeal is not deemed final agency action for purposes of 5 U.S.C. 704.

Notes of Decisions
Cited in 2 cases, 1987–2016 · leading case: Rosebud Mining Co. v. Mine Saf. & Health Admin., 827 F.3d 1090 (D.C. Cir. 2016).
Sort: Relevance Newest Treatment
Rosebud Mining Co. v. Mine Saf. & Health Admin., 827 F.3d 1090 (D.C. Cir. 2016). “18 See 30 C.F.R. § 44.51 (“Only a decision by the Assistant Secretary [is] final agency action for purposes of judicial review.”
Int'l Union, United Mine Workers of Am. v. Mine Saf. & Health Admin., Emerald Mine Corp., Intervenor, 830 F.2d 289 (D.C. Cir. 1987). “30 C.F.R. § 44.51 . 6 . This court has recognized that “the distinction between the arbitrary and capricious standard and substantial evidence review is largely semantic.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.