Notice2021-16661
Resumption of In-Person Hearings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2021
Issuing agencies
Federal Mine Safety and Health Review Commission
Abstract
The Federal Mine Safety and Health Review Commission (the "Commission") is resuming in-person hearings in the manner described below until December 31, 2021, or until such earlier date determined by the Commission's Office of the Chief Administrative Law Judge ("OCALJ") and published in a notice appearing in the Federal Register and posted on the Commission's website (www.fmshrc.gov).
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42827-42828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16661]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Resumption of In-Person Hearings
AGENCY: Federal Mine Safety and Health Review Commission.
ACTION: Notice.
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SUMMARY: The Federal Mine Safety and Health Review Commission (the
``Commission'') is resuming in-person hearings in the manner described
below until December 31, 2021, or until such earlier date determined by
the Commission's Office of the Chief Administrative Law Judge
(``OCALJ'') and published in a notice appearing in the Federal Register
and posted on the Commission's website (<a href="http://www.fmshrc.gov">www.fmshrc.gov</a>).
DATES: Applicable: September 1, 2021.
FOR FURTHER INFORMATION CONTACT: Sarah Stewart, Deputy General Counsel,
Office of the General Counsel, Federal Mine Safety and Health Review
Commission, at (202) 434-9935.
SUPPLEMENTARY INFORMATION: Commission Administrative Law Judges are
committed to a high standard to protect the health and safety of all
attorneys, representatives, parties, and witnesses who may appear
before them, during the Coronavirus 2019 (COVID-19) pandemic, while
continuing the agency's mission. On July 30, 2021, Commission Chief
Administrative Law Judge Glynn F. Voisin issued an order, which is
posted on the Commission's website (<a href="http://www.fmshrc.gov">www.fmshrc.gov</a>). The contents of
the order are set forth in this notice.
As of September 1, 2021, the Commission will resume the pre-
pandemic norm of in-person hearings, but for the duration of the Chief
Judge's July 30 order, all hearings are subject to the following terms
set forth in the order.
Upon motion of a party or if necessary for safety, Commission
Judges may, at their sole discretion, hold remote hearings or require
specific procedures to provide for safety. Commission Judges shall
exercise this discretion within uniform parameters as set forth herein.
Each Judge shall determine (1) when to use remote hearings (e.g., via
Zoom) in lieu of in-person hearings or (2) specific safety procedures
to be used at an in-person hearing.
In determining use of a remote hearing, Judges will consider safety
factors on a case-by-case basis. Judges also have the discretion to
hold a hybrid hearing, that includes both in-person and video hearing.
Judges will ensure all parties appearing pro se who are required to
participate in a remote hearing have access to necessary equipment.
Prior to setting in-person hearings Judges will have a conference
call with the attorneys and representatives of each of the parties, to
discuss the considerations of the parties for the in-person hearing and
to seek a commitment to all requirements ultimately set forth by the
Judge. Judges may discuss the agency's travel guidelines, protocols,
and safety measures but will not ask if participants are vaccinated.
All fully vaccinated persons may attend the hearing in person. Persons
who are not fully vaccinated, or who are not comfortable with travel or
appearing in person, may make a request to attend the hearing
virtually.
The Judge will set a hearing location after considering the safety
and health rules currently in place by the state and local public
health entities. In choosing a courtroom, the Judge will take into
consideration the rules and requirements of that courthouse or hearing
facility, as well as all applicable federal, state, and local
regulations and guidelines. If the hearing is to be a hybrid hearing,
the Judge will also consider the availability of internet and video
needs in the courtroom.
During the prehearing conference, the Judge will inform the parties
of the
[[Page 42828]]
state, local and courtroom requirements and seek a commitment to adhere
to those requirements. The requirements apply to all attorneys,
assistants, parties, and witnesses. The discussion will also address
who may enter the courtroom, when, and what safety measures, such as
masks and social distancing, must be implemented. No person may enter
the courtroom, or the witness room without the permission of the Judge.
The Judge may consider allowing persons who are not fully vaccinated to
enter the courtroom, but they must wear masks and practice social
distancing.
All court reporters will be notified that they must be vaccinated.
The Judge may consider all factors, in totality, in determining if
a remote hearing will be held and who may be present for the hearing.
No single factor is dispositive. These procedures shall be in place
until December 31, 2021, unless extended or modified by order. The
order shall be posted on the Commission's website (<a href="http://www.fmshrc.gov">www.fmshrc.gov</a>) and
the contents of the order will be published in a notice appearing in
the Federal Register.
Authority: 30 U.S.C. 823; 29 CFR part 2700.
Dated: July 30, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review
Commission.
[FR Doc. 2021-16661 Filed 8-4-21; 8:45 am]
BILLING CODE 6735-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.