On January 16, 2019, the White House sent the nomination to the Senate of Longtime Mining Engineer/Attorney Marco M. Rajkovich Jr., of Kentucky, to be a Member of the Federal Mine Safety and Health Review Commission for a term of six years expiring August 30, 2024, vice Robert F. Cohen Jr., term expired. The Review Commission is an independent judicial body that provides administrative hearings and appellate review of enforcement actions taken by MSHA when contested by mine operators.
Mr. Rajkovich was originally nominated by the President on January 8, 2018. His nomination was favorably reported by the Senate Committee on Health, Education, Labor, and Pensions on March 14, 2018, and was placed on the Senate’s Executive Calendar that same day. Since August 30, the terms of Commissioners William Althen and Robert Cohen, Jr. expired. As a result, the Commission has lacked a quorum of members (it will have only two of its five members) and therefore will be without authority to take substantive actions in any of the cases pending before it until at least one additional Commissioner is both nominated by the President and confirmed by the Senate.
According to U.S. Senate sources, the Senate could proceed with confirmation at any time.
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