Federal Mine Safety and Health Review Commission loses operating quorum

The Federal Mine Safety and Health Review Commission has lost its operating quorum, leaving the independent adjudicative agency unable to take substantive action on pending legal disputes. The terms of Commissioners Mary Lu Jordan and Timothy J. Baker expired on August 30, leaving Chair Marco Rajkovich as the sole sitting member of the five-person panel. The Federal Mine Safety and Health Act requires at least three members to constitute a quorum to legally conduct business.

The commission reviews legal disputes under the Mine Act, including challenges to citations, orders, penalties, and discrimination claims. Without a quorum, the commission lacks the authority to act on matters pending before it until the president nominates and the Senate confirms at least two additional commissioners. Operators still have 30 days after receiving a proposed penalty assessment from the Mine Safety and Health Administration to contest the penalties and obtain review.

The commission issued a notice in September stating that motions filed after August 21 seeking to reopen cases will not be acted upon until the quorum is restored. Mine operators that miss filing deadlines or seek relief from default orders will likely face extended delays before receiving a decision on their requests. Only one decision remains pending before the commission, a case involving constitutional challenges to the commission itself.