30 U.S.C. § 816 — Judicial review of Commission orders
submitted 57 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 997 words · no verdicts yet
A person harmed by a Commission order may seek review in an appropriate federal court of appeals within 30 days. The section governs the record, factual findings, temporary relief, enforcement petitions, and stays.
(a) Review by an affected person; temporary relief. (1) A person adversely affected or aggrieved by a Commission order under this chapter may seek review in the court of appeals for the circuit where the alleged violation occurred or in the District of Columbia Circuit. The person must file a written petition asking to modify or set aside the order within 30 days after issuance. The clerk must promptly send a copy to the Commission and other parties. The Commission must file the proceeding record as section 2112 of title 28 provides. The court then has exclusive jurisdiction over the proceeding and issues decided and may affirm, change, or set aside all or part of the order and enforce it to the extent affirmed or changed. The court will not consider an objection not raised before the Commission unless extraordinary circumstances excuse the failure. Commission factual findings are conclusive if supported by substantial evidence on the whole record. If a party shows additional evidence is material and had reasonable grounds for not presenting it at the Commission hearing, the court may order the evidence taken before the Commission and added to the record. The Commission may change or make findings because of that evidence and file them; supported factual findings are conclusive. It may change or set aside its original order based on the new findings. After remand, the court again has exclusive jurisdiction and its judgment is final, subject to Supreme Court review under section 1254 of title 28. (2) In reviewing a Commission order or decision, except one concerning an order under section 817(a) or a citation under section 814(a) or (f), the court may grant temporary relief while the case is pending if all parties were notified and heard, the requester shows a substantial likelihood of winning, and relief will not harm miners' health or safety. (3) For review of a Panel order or decision, the court may grant temporary relief if all parties were notified and heard and the requester shows a substantial likelihood of winning.
(b) Secretary's review or enforcement. The Secretary may seek review or enforcement of a final Commission order by petitioning the proper court of appeals, and subsection (a) applies as appropriate. If no review petition is filed within 30 days, the Commission's factual findings and order are conclusive for the Secretary's later enforcement petition. For that petition, and for a noncontested Secretary citation or notification that became a final Commission order under section 815(a) or (b), the clerk must promptly enter an enforcement decree unless the court orders otherwise and send it to the Secretary and named operator. In contempt proceedings to enforce such a decree, the court may assess section 820 penalties as well as use other remedies.
(c) No automatic stay. Starting a proceeding under this section does not stay the Commission's or Panel's order or decision unless the court specifically orders a stay.
Any person adversely affected or aggrieved by an order of the Commission issued under this chapter may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or in the United States Court of Appeals for the District of Columbia Circuit, by filing in such court within 30 days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in section 2112 of title 28. Upon such filing, the court shall have exclusive jurisdiction of the proceeding and of the questions determined therein, and shall have the power to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside, in whole or in part, the order of the Commission and enforcing the same to the extent that such order is affirmed or modified. No objection that has not been urged before the Commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Commission, the court may order such additional evidence to be taken before the Commission and to be made a part of the record. The Commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The Commission may modify or set aside its original order by reason of such modified or new findings of fact. Upon the filing of the record after such remand proceedings, the jurisdiction of the court shall be exclusive and its judgment and degree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, as provided in section 1254 of title 28.
In the case of a proceeding to review any order or decision issued by the Commission under this chapter, except an order or decision pertaining to an order issued under section 817(a) of this title or an order or decision pertaining to a citation issued under section 814(a) or (f) of this title, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding, if—
all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;
the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
such relief will not adversely affect the health and safety of miners in the coal or other mine.
In the case of a proceeding to review any order or decision issued by the Panel under this chapter, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceeding, if—
all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief; and
the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding.
The Secretary may also obtain review or enforcement of any final order of the Commission by filing a petition for such relief in the United States court of appeals for the circuit in which the alleged violation occurred or in the Court of Appeals for the District of Columbia Circuit, and the provisions of subsection (a) shall govern such proceedings to the extent applicable. If no petition for review, as provided in subsection (a), is filed within 30 days after issuance of the Commission’s order, the Commission’s findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Secretary after the expiration of such 30-day period. In any such case, as well as in the case of a noncontested citation or notification by the Secretary which has become a final order of the Commission under subsection (a) or (b) of section 815 of this title, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary and the operator named in the petition. In any contempt proceeding brought to enforce a decree of a court of appeals entered pursuant to this subsection or subsection (a), the court of appeals may assess the penalties provided in section 820 of this title, in addition to invoking any other available remedies.
The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the Commission or the Panel.
Source credit: (Pub. L. 91–173, title I, § 106, Dec. 30, 1969, 83 Stat. 754; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1306; Pub. L. 98–620, title IV, § 402(34), Nov. 8, 1984, 98 Stat. 3360.)
- 1969Enacted · Pub. L. 91-173 · 83 Stat. 754
- 1977Amended · Pub. L. 95-164 · 91 Stat. 1306
- 1984Amended · Pub. L. 98-620 · 98 Stat. 3360
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-173 on 1969-12-30.
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