Notice2021-17152
Temporary Suspension 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 12, 2021
Issuing agencies
Federal Mine Safety and Health Review Commission
Abstract
The Federal Mine Safety and Health Review Commission (the "Commission") is temporarily suspending in-person hearings, settlement judge conferences, and mediations in the manner described below until December 31, 2021.
Full Text
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<title>Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)</title>
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[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Page 44366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17152]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Temporary Suspension 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 temporarily suspending in-person hearings,
settlement judge conferences, and mediations in the manner described
below until December 31, 2021.
DATES: Applicable: August 6, 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: 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 were also published in the Federal Register. 86 FR 42,827
(Aug. 5, 2021). Under the terms of that order, the Commission was going
to resume the pre-pandemic norm of in-person hearings as of September
1, 2021.
On August 6, 2021, Chief Judge Voisin issued an order supplementing
the July 30 order. The contents of the August 6 order are set forth in
this notice.
In view of recently updated guidance from the Centers for Disease
Control and Prevention (``CDC'') highlighting the risks presented by
the novel coronavirus COVID-19 and especially its rapidly spreading
delta variant, the Federal Mine Safety and Health Review Commission,
Office of the Chief Administrative Law Judge (OCALJ) is, effective
immediately, strongly discouraging the scheduling of in-person
hearings, settlement judge conferences and mediations until December
31, 2021. At the discretion of the presiding Administrative Law Judge
and in coordination with the parties, such proceedings may be held by
videoconference or by telephone.
In the event a Judge determines in-person proceedings are necessary
for all or part of a hearing, settlement conference or mediation, he or
she will seek authorization of Chief Judge Voisin prior to scheduling
any such proceeding. Such authorization should only be sought where
absolutely necessary and is unlikely to be granted absent an
extraordinarily compelling need and strict protocols ensuring the
safety of all in attendance. No party, representative or witness shall
be compelled to attend an in-person hearing or conference during the
pendency of this order.
The presiding administrative law judge may be contacted with
questions regarding this notice.
Authority: 30 U.S.C. 823; 29 CFR part 2700.
Dated: August 6, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review
Commission.
[FR Doc. 2021-17152 Filed 8-11-21; 8:45 am]
BILLING CODE 6735-01-P
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