Instructions for Electronic Filing

Table of Contents 

Registering an eCMS Account Page 1

Filing for Existing Docket Page 3

Filing for New Docket Page 6

Filing for Motion to Reopen Page 9

Filing for Commission Review Page 13
1

Registering an eCMS Account

1. Click on https://fmshrc-ecms.entellitrak.com/. The link will lead to the FMSHRC - eCMS sign in page.

2. Click on the “Register” link, located at the bottom right corner of the page.
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3. The “Register” link will lead to the Federal Mine Safety and Health Review Commission e-Filing

Portal. This is the “Account Registration” page.

4. Complete all required fields.

5. Once completed, a notice will appear at the top of the screen indicating whether the request for

registration has been accepted. A confirmation email will be sent to the email address provided

under the “Address Information” section with a Username and temporary Password.
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Filing for Existing Docket

In this section a Petition for Assessment of Penalty, Motion, Brief, or other document is e-filed in a

proceeding where a docket number has already been assigned.

1. Log in to eCMS with Username and Password.
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2. The e-File page will appear.

3. Go to “Filing for Existing Docket” and click on the green button: “Click to Start”.
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4. Scroll halfway down to the following fields:

5. Enter the Docket Number in the box under the “Docket Number” field. Be sure to include the

preceding letters (i.e., WEST 2021-0001, SE 2021-0002).

6. From the “Docket Level Owner” field, select “OCALJ” from the drop-down menu if the case is

before an administrative law judge or “OGC/OCC” for cases that are on appeal before the

Commissioners.

7. Enter the title of the document in the box under the “Document Title” field.

8. Select the type of document from the drop-down menu in the “Document Type” field (i.e.,

“Answer” for an answer to a petition, “Motion” for a motion, etc.).

9. Select the “Choose File” option in the “Document” field; upload the correct document to be

filed. We recommend using a PDF document.

a. Note: Settlement motions must be filed as PDF documents, and proposed settlement

orders must be filed as Word documents.

10. Click on the “Submit e-filing” button.

11. After the document is uploaded a message will appear in green at the top of the screen

indicating the file was successfully uploaded. User will also receive a confirmation email.

12. Additional Notes:

a. Do not file additional courtesy copies via fax, the U.S. Postal Service, or courier.

b. File a certificate of service with each document, if applicable.

c. Documents uploaded to e-CMS must comply with the Procedural Rules at 29 CFR 2700,

including those addressing privacy considerations and the protection of personal and

medical information. 29 CFR 2700.5(e).
6

Filing for New Docket

In this section the initial document in a new proceeding is e-filed in a proceeding where a docket

number has not yet been assigned. Document examples include a Discrimination or Compensation

Complaint, an Application for Temporary Reinstatement, a Notice of Contest, an Emergency

Response Plan Dispute Referral, or an Application for Fees and Expenses under the Equal Access to

Justice Act (EAJA).

1. Log in to eCMS with Username and Password.
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2. The e-File page will appear.

3. Go to “Filing for New Docket” and click on the green button: “Click to Start”.
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4. Scroll halfway down to the OCALJ field:

5. From the “Docket Level Owner” field, select “OCALJ” from the drop-down menu.

6. Enter the title of the document in the box under the “Document Title” field.

7. Select the type of document from the drop-down menu in the “Document Type” field.

a. For a Discrimination or Compensation Complaint select “Complaint”.

b. For an Application for Temporary Reinstatement or for an Application for Fees and

Expenses select “Application”.

c. For a Contest case select “Notice”.

d. For an Emergency Response Plan Dispute Referral select “Other”.

8. Select the “Choose File” option from the “Document” field; upload the correct document to be

filed. We recommend using a PDF document.

9. Click on the “Submit e-filing” button.

10. After the document is uploaded a message will appear in green at the top of the screen

indicating the file was successfully uploaded. User will also receive a confirmation email.

11. Additional Notes:

a. Do not file additional courtesy copies via fax, the U.S. Postal Service, or courier.

b. File a certificate of service with each document, if applicable.

c. Documents uploaded to e-CMS must comply with the Procedural Rules at 29 CFR 2700,

including those addressing privacy considerations and the protection of personal and

medical information. 29 CFR 2700.5(e).
9

Filing for Motion to Reopen

In this section a Motion to Reopen is e-filed when seeking to reopen a case where the proposed penalty

assessment was not timely contested or an administrative law judge issued a default order.

1. Log in to eCMS with Username and Password.
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2. The e-File page will appear.

3. Go to “Filing for Motion to Reopen”.

a. If contest of a proposed assessment was not timely filed click on the green “Click to Start”

button located underneath “If a proposed penalty assessment was not contested in a

timely manner.”

If a default order was issued, click on the green “Click to Start” button located underneath

“If a Judge issued a default order in the case.”
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Filing if Proposed Penalty

Assessment was not timely

contested.

Filing if judge issued a

Default Order

4. Scroll halfway down to the following fields:
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5. If filing to reopen a case that was not timely contested, proceed to step seven (7) and continue the

process.

6. If filing to reopen a case that has been defaulted, enter the Docket Number in the box under the

“Docket Number” field. Be sure to include the preceding letters (i.e., WEST 2021-0001, SE 2021-

0002).

7. From the “Docket Level Owner” field, select “OGC/OCC” from the drop-down menu.

8. Enter the title of the document in the box under the “Document Title” field.

9. Select “Motion” from the drop-down menu in “Document Type” field.

10. Select the “Choose File” option in the “Document” field; upload the correct document to be filed.

We recommend using a PDF document.

11. Click on the “Submit e-filing” button.

12. After the document is uploaded a message will appear in green at the top of the screen indicating

the file was successfully uploaded. User will also receive a confirmation email.

13. Additional Notes:

a. Do not file additional courtesy copies via fax, the U.S. Postal Service, or courier.

b. File a certificate of service with each document, if applicable.

c. Documents uploaded to e-CMS must comply with the Procedural Rules at 29 CFR 2700,

including those addressing privacy considerations and the protection of personal and

medical information. 29 CFR 2700.5(e).
13

Filing for Commission Review

In this section a Petition for Discretionary Review or a Petition for Interlocutory Review is e-filed when

seeking appellate review of an administrative law judge’s order or decision.

1. Log in to eCMS with Username and Password.
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2. The e-File page will appear.

3. Go to “Filing for Commission Review” and click on the green button: “Click to Start”.
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4. Scroll halfway down to the following fields:

5. Enter the Docket Number in the box under the “Docket Number” field. Be sure to include the

preceding letters (i.e., WEST 2021-0001, SE 2021-0002).

6. From the “Docket Level Owner” field, select “OGC/OCC” from the drop-down menu.

7. Enter the title of the document in the box under the “Document Title” field.

8. Select “Review Petition” from the drop-down menu in the “Document Type” field.

9. Select the “Choose File” option in the “Document” field; upload the correct document to be filed.

We recommend using a PDF document.

10. Click on the “Submit e-filing” button.

11. After the document is uploaded a message will appear in green at the top of the screen indicating

the file was successfully uploaded. User will also receive a confirmation email.

12. Additional Notes:

a. Do not file additional courtesy copies via fax, the U.S. Postal Service, or courier.

b. File a certificate of service with each document, if applicable.

c. Documents uploaded to e-CMS must comply with the Procedural Rules at 29 CFR 2700,

including those addressing privacy considerations and the protection of personal and

medical information. 29 CFR 2700.5(e).