A mine operator has 30 days after the issuance of a judge's decision to file a petition for discretionary review with the Federal Mine Safety and Health Review Commission. The petition must be filed upon one or more of the following grounds:
- A finding or conclusion of material fact is not supported by substantial evidence;
- A necessary legal conclusion is erroneous;
- The decision is contrary to law or to the duly promulgated rules or decisions of the Commission; or
- A prejudicial error of procedure was committed.
If a judge's decision is not appealed to the Commission within 30 days after it is issued, or the Commission does not order an appeal of its own volition, the judge's decision will become a final order not reviewable by any court or agency. A petition for discretionary review that is not granted within 40 days after the issuance of the judge's decision is deemed denied.