Documents/FMSHRC/1: Case Adjudication/1: Timely Decisions

1: Timely Decisions

Ensure Timely Issuance of Decisions

Other Information:

Performance Goals–Trials: Manage the case assignment process to assure that initial filings and response time frames are adhered to, resulting in case assignment averages that are less than the time frames in the Commission’s procedural rules. Issue decisions on more than 90 percent of the cases in which hearings are held within 180 days of receipt of post-hearing briefs. Issue more than 90 percent of all settlement decisions within 60 days of receipt of settlement motions. Decide more than 90 percent of all cases within 15 months of assignment to an ALJ. Decide, on average, all cases, within 365 days from receipt by the Commission. Objective–Ensure Timely Issuance of Decisions Performance Measures–Trials: Manage the case assignment process to assure that initial filings and response time frames are adhered to, resulting in a decisional process that falls within the time frames in the Commission’s procedural rules. Performance Goals–Appeals: All Commission cases will be assigned before briefing is completed. All Commission cases will be decided within 18 months of receipt. The average age of substantive decisions will be maintained at 12 months or less. Strategies: Prioritize the Decisional Process The Commission will continue to concentrate on its oldest cases at both the trial and appellate levels. Through the use of enhanced automated case tracking systems, it will identify each case as it proceeds through the decisional process at both the trial and appellate levels. Periodic review of the status of each case against predetermined time standards will identify those cases that may need additional attention. Judges and Commissioners can thereby prioritize their work to facilitate the issuance of opinions. The Commission will also continue to review at the trial and appellate levels new cases that may be susceptible of quick resolution. Through early identification in the adjudicatory process, these cases are most often disposed of by the Chief ALJ at the trial level and through expedited drafting and decisional procedures at the appellate level. Additionally, the Commission plans to promulgate regulations governing case settlement procedures and anticipates establishing a corps of retired ALJs who, on a contract basis, will supervise settlement negotiations in those cases determined to be likely candidates for settlement. The Commission will reestablish its law clerkship program to provide research and drafting assistance to its ALJs and assist in the efficient management of each judge’s docket. The Commission will continue at the trial level to use "calendar calling" where cases involving an individual company are grouped together. Pre-hearing initiatives such as conference calls with the parties will continue to be utilized to settle or narrow issues.

Indicator(s):