30 U.S.C. § 823a — Principal office in District of Columbia;

Page 150 TITLE 30—MINERAL LANDS AND MINING § 823a (C) For the purpose of review by the Commis- sion under paragraph (A) or (B) of this sub- section, the record shall include: (i) all matters constituting the record upon which the decision of the administrative law judge was based; (ii) the rulings upon proposed findings and conclu- sions; (iii) the decision of the administrative law judge; (iv) the petition or petitions for discre- tionary review, responses thereto, and the Com- mission’s order for review; and (v) briefs filed on review. No other material shall be considered by the Commission upon review. The Commission either may remand the case to the administra- tive law judge for further proceedings as it may direct or it may affirm, set aside, or modify the decision or order of the administrative law judge in conformity with the record. If the Commis- sion determines that further evidence is nec- essary on an issue of fact it shall remand the case for further proceedings before the adminis- trative law judge. (The provisions of section 557(b) of title 5 with regard to the review authority of the Commis- sion are expressly superseded to the extent that they are inconsistent with the provisions of sub- paragraphs (A), (B), and (C) of this paragraph.) (e) Witnesses and evidence; subpoenas; contempt In connection with hearings before the Com- mission or its administrative law judges under this chapter, the Commission and its adminis- trative law judges may compel the attendance and testimony of witnesses and the production of books, papers, or documents, or objects, and order testimony to be taken by deposition at any stage of the proceedings before them. Any person may be compelled to appear and depose and produce similar documentary or physical evidence, in the same manner as witnesses may be compelled to appear and produce evidence be- fore the Commission and its administrative law judges. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and at depositions ordered by such courts. In case of contumacy, failure, or re- fusal of any person to obey a subpoena or order of the Commission or an administrative law judge, respectively, to appear, to testify, or to produce documentary or physical evidence, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides, or transacts business, shall, upon the application of the Commission, or the administrative law judge, respectively, have ju- risdiction to issue to such person an order re- quiring such person to appear, to testify, or to produce evidence as ordered by the Commission or the administrative law judge, respectively, and any failure to obey such order of the court may be punished by the court as a contempt thereof. (Pub. L. 91–173, title I, § 113, as added Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (d), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. For the effective date of the Federal Mine Safety and Health Amendments Act of 1977, referred to in subsec. (b)(2), see section 307 of Pub. L. 95–164, set out as an Ef- fective Date of 1977 Amendment note under section 801 of this title. PRIOR PROVISIONS Provisions similar to this section were contained in section 729 of this title prior to its repeal by Pub. L. 95–164. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 9, 1977, see sec- tion 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801 of this title. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b)(2) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise speci- fied), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 823a. Principal office in District of Columbia; proceedings held elsewhere The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems that convenience of the pub- lic or the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place. (Pub. L. 95–164, title III, § 302(d), Nov. 9, 1977, 91 Stat. 1320.) Editorial Notes CODIFICATION Section was enacted as part of Pub. L. 95–164, known as the Federal Mine Safety and Health Amendments Act of 1977, and not as part of Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 9, 1977, see sec- tion 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801 of this title. § 824. Authorization of appropriations There are authorized to be appropriated, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 91–173, title I, § 114, as added Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315.)