§ 2704.101 Definitions.

The following terms shall have the following meaning when used in these rules:

Adjudication Officer,

as defined in 5 U.S.C. 504(b)(1)(D), means the Commission's administrative law judge who presided at the underlying adversary adjudication between the applicant and the Secretary of Labor. For the sake of clarity, references hereafter shall be to “administrative law judge”.

The Act

means the Equal Access to Justice Act 5 U.S.C. 504;

The Commission

means the Federal Mine Safety and Health Review Commission, created as an independent agency under 30 U.S.C. 823;

The Mine Act

means the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801

et seq

;

The Secretary

means the Secretary of Labor or his designee.