Notice2021-26620
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
December 9, 2021
Issuing agencies
Federal Mine Safety and Health Review Commission
Abstract
Beginning on January 3, 3022, the Federal Mine Safety and Health Review Commission (the "Commission") is resuming in-person hearings in the manner described below until June 30, 2022, 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 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70126-70127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26620]
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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: Beginning on January 3, 3022, the Federal Mine Safety and
Health Review Commission (the ``Commission'') is resuming in-person
hearings in the manner described below until June 30, 2022, 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: January 3, 2022.
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 December 3, 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 January 3, 2022, the Commission will resume in-person
hearings, but for the duration of the Chief Judge's December 3 order,
all hearings are subject to the following terms set forth in the order.
Commission Judges may, at their sole discretion, hold remote
hearings (e.g. via Zoom) and 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 in lieu of in-person hearings and (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
participation. Judges will ensure all parties appearing pro se who are
required to participate in a remote hearing have access to equipment,
an internet connection, and other appropriate technology. Prior to
conducting an in-person hearing, Judges will schedule a conference call
with the attorneys and representatives of each of the parties to
discuss, among other things, safety considerations for the in-person
hearing. Judges may discuss the agency's travel guidelines, protocols,
and safety measures. Persons who are not comfortable with travel or
appearing in person, may request to attend the hearing via remote
access (e.g., via Zoom).
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 the court 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
technology needs in the courtroom.
During the prehearing conference, the Judge will inform the parties
of the federal, 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.
Hearing participants are subject to the following vaccination
requirements for attendance at in-person hearings:
<bullet> FMSHRC employees:
[cir] FMSHRC employees must be fully vaccinated by November 22,
2021, unless a legally required exemption applies. All FMSHRC employees
must adhere to CDC guidance on social distancing and mask wearing.
<bullet> Visitors:
[cir] Visitors are federal employees from other agencies such as
the Department of Labor, spectators, and press. Visitors must attest to
their vaccination status using the Certificate of Vaccination form at
<a href="https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf">https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf</a>. The Judge shall not collect
documentation to verify their attestation. Visitors who are not fully
vaccinated shall show proof of a negative COVID-19 test result from a
Food and Drug Administration authorized test taken within three days
prior to entry to the in-person hearing. The Judge shall not collect
documentation to verify COVID-19 test results. All visitors must adhere
to CDC guidance on social distancing and mask wearing.
<bullet> Contractors:
[cir] Court reporters are contractors and must be fully vaccinated
by January 18, 2022, unless a legally required exemption applies. All
court reporters must adhere to CDC guidance on social distancing and
mask wearing.
<bullet> Non-government Parties, Representatives and Witnesses:
[cir] Persons who are not federal government employees and who are
parties, representatives of parties, or witnesses do not need to attest
to their vaccination status to attend an in-person FMSHRC hearing and
Judges shall not inquire into their vaccination status. All such
persons must adhere to CDC guidance on social distancing and mask
wearing.
[[Page 70127]]
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 June 30, 2022 unless extended or modified by order.
(Authority: 30 U.S.C. 823; 29 CFR part 2700.)
Dated: December 3, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review
Commission.
[FR Doc. 2021-26620 Filed 12-8-21; 8:45 am]
BILLING CODE 6735-01-P
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</html>Indexed from Federal Register on December 9, 2021.
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.