Federal Mine Safety and Health Review Commission

1331 PENNSYLVANIA AVE., N.W., SUITE N520

WASHINGTON, D.C. 20004-1720

ADMINISTRATIVE LAW JUDGE HEARINGS ORDER

June 16, 2023

Glynn F. Voisin, Chief Administrative Law Judge:

Federal Mine Safety and Health Review Commission Administrative Law Judges are committed 

to a high standard to protect the health and safety of all persons who may appear before them, during the 

Coronavirus 2019 (COVID-19) pandemic, while continuing the agency’s mission. As of January 3, 2022, 

the Commission has resumed in-person hearings, but for the duration of this order all hearings are subject 

to its terms.

Commission Judges may, at their sole discretion, hold remote hearings (e.g., via Zoom) and inperson hearings. Judges also have discretion to hold a hybrid hearing, that includes both in-person and 

video participation. 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 the type of hearing, Judges will consider current guidance and safety factors on a 

case-by-case basis. 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 inperson hearing. 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 CDC COVID-19 Hospital Admissions 

Levels using the tracker and the safety and health rules currently in place by the state and local public 

health entities. Where community levels are HIGH, individuals who are at high risk of getting very sick 

should consider avoiding non-essential indoor activities in public where they could be exposed.1If inperson participants are traveling to attend a hearing, the Judge shall also consider hospital admission 

levels from where they are traveling. 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 consider federal, state, local and courtroom 

requirements and inform the parties of such requirements. The requirements apply to all persons attending 

the in-person hearing. The discussion will also address who may enter the courtroom, when, and what 

1 See https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
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 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 remain in place until this order is vacated or otherwise modified by 

subsequent order.

SO ORDERED.

____________________

Glynn F. Voisin

Chief Administrative Law Judge