§ 816. — Judicial review of Commission orders.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC816]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 816. Judicial review of Commission orders
(a) Petition by person adversely affected or aggrieved; temporary relief
(1) 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.
(2) 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--
(A) all parties to the proceeding have been notified and given
an opportunity to be heard on a request for temporary relief;
(B) 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
(C) such relief will not adversely affect the health and safety
of miners in the coal or other mine.
(3) 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--
(A) all parties to the proceeding have been notified and given
an opportunity to be heard on a request for temporary relief; and
(B) 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.
(b) Petition by Secretary for review or enforcement of final Commission
orders
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) of this section, 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) of this section, the court of appeals may assess the penalties
provided in section 820 of this title, in addition to invoking any other
available remedies.
(c) Stay of order or decision of Commission or Panel
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.
(Pub. L. 91-173, title I, Sec. 106, Dec. 30, 1969, 83 Stat. 754; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1306; Pub. L. 98-620,
title IV, Sec. 402(34), Nov. 8, 1984, 98 Stat. 3360.)
Amendments
1984--Subsec. (a)(1). Pub. L. 98-620 struck out provision that
petitions filed under this subsection had to be heard expeditiously.
1977--Subsec. (a)(1). Pub. L. 95-164 added subsec. (a)(1) consisting
of a revision of the provisions of former subsecs. (a), (b), (d), and
(f) with additions to cover the proceedings in the reviewing court.
Subsec. (a)(2). Pub. L. 95-164 redesignated subsec. (c)(1) as (a)(2)
and substituted ``issued by the Commission'' for ``issued by the
Secretary'' and ``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'' for ``under section 814(a) of this title or an order or
decision pertaining to a notice issued under section 814(b) or (i) of
this title'' in the provisions preceding subpar. (A).
Subsec. (a)(3). Pub. L. 95-164 redesignated subsec. (c)(2) as
(a)(3).
Subsec. (b). Pub. L. 95-164 added subsec. (b). Provisions of former
subsec. (b) were incorporated as revised into subsec. (a)(1).
Subsec. (c). Pub. L. 95-164 redesignated subsec. (e) as (c). Former
subsec. (c), which consisted of pars. (1) and (2), redesignated (a)(2)
and (3).
Subsec. (d). Pub. L. 95-164 struck out subsec. (d) and incorporated
its provisions, relating to review by the Supreme Court, into subsec.
(a)(1).
Subsec. (e). Pub. L. 95-164 redesignated subsec. (e) as (c).
Subsec. (f). Pub. L. 95-164 struck out subsec. (f) which related to
the appointment of attorneys by the Secretary to represent him in
proceedings instituted under this section.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under
section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977,
except as otherwise provided, see section 307 of Pub. L. 95-164, set out
as a note under section 801 of this title.
Section Referred to in Other Sections
This section is referred to in sections 804, 814, 815, 817, 953 of
this title.
