After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more
8/3/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appointments Clause ,
Citations ,
Lucia v SEC ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
OSHRC ,
Securities and Exchange Commission (SEC)
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more
8/2/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Citations ,
Coal Industry ,
Enforcement Actions ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Securities and Exchange Commission (SEC)
Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more