30 U.S.C. § 956
Applicability of administrative procedure provisions
Except as otherwise provided in this chapter, the provisions of sections 551 to 559 and sections 701 to 706 of title 5 shall not apply to the making of any order, notice, or decision made pursuant to this chapter, or to any proceeding for the review thereof.
Notes of Decisions
Cited in 14
cases (6 in the last 5 years), 1983–2023 · leading case: Pendley v. Federal Mine Safety & Health Review Commission
Pendley v. Federal Mine Safety & Health Review Commission (2010)
“Standard of Review The standard under which this Court reviews the Commission's order is governed by the Mine Act and general administrative law principles, although the Administrative Procedure Act's judicial review provisions do not apply here, 30 U.S.C. § 956 . This Court…”
Mann Constr., Inc. v. United States (2022)
“1995) (quoting 30 U.S.C. § 956 ). In still another case, the D.”
Secretary of Labor v. Twentymile Coal Co. (2006)
“” 30 U.S.C. § 956 . Contrary to the view of the Commission, however, the fact that § 701(a)(2) itself is inapplicable does not mean that the principles underlying it are also inapplicable.”
National Mining Ass'n v. Chao (2001)
“30 U.S.C. § 956 . 8 The BLBA then incorporates certain sections of the Longshore Act.”
Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth Re (2016)
“30 U.S.C. § 956 ; see also Pendley, 601 F.”
Speed Mining, Inc. v. Federal Mine Safety & Health Review Commission (2008)
“Thus, the fact that the Mine Act states that sections 701 to 706 of the APA "shall not apply” to any Mine Act review proceedings, 30 U.S.C. § 956 (2000), does not preclude the "committed to agency discretion” exception from applying in this case.”
Louisville and Nashville Railroad Co. v. Raymond J. Donovan, Secretary of Labor (1983)
“30 U.S.C. § 956 . Moreover, later authority indicates that Abbott Laboratories “arguably assumed with little discussion that the APA is an independent grant of subject matters jurisdiction.”
Oil, Chemical & Atomic Workers International Union v. Zegeer (1985)
“Second, MSHA and AMC call our attention to 30 U.S.C. § 956 , which provides that the APA ( 5 U.”
KenAmerican Res., Inc. v. U.S. Sec'y of Labor (2022)
““The standard under which this Court reviews the Commission’s order is governed by the Mine Safety Act and general administrative law principles, although the Administrative Procedure Act’s judicial review provisions do not apply here, 30 U.S.C. § 956 .” Pendley, 601 F.3d at 422…”
Robert B. Reich, Secretary, United States Department of Labor v. The Youghiogheny and Ohio Coal Company (1995)
“30 U.S.C. § 956 . 3 . The regulations do not detail what, if anything, this initial notice to the operator must provide, other than to inform the operator of "the names, addresses, and telephone numbers of the authorized providers of medical benefits chosen by an entitled miner.”
Cactus Canyon Quarries v. MSHR (2023)
“3 Cactus Canyon’s contention that it was denied due process because of the ALJ’s evidentiary errors accordingly fails.”
Cactus Canyon Quarries v. MSHR (2023)
“3 Cactus Canyon’s contention that it was denied due process because of the ALJ’s evidentiary errors accordingly fails.”
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