the Commission, which reversed the decision of the ALJ and vacated the citations issued to Twentymile, is itself vacated and the citations are reinstated. So ordered. 1 . See Secretary of Labor v. Twentymile Coal Co., 27 F.M.S.H.R.C. 260, 278 (2005) (Jordan, Comm'r, concurring and dissenting). 2 . See Independent Contractors, 45 Fed.Reg. 44494, 44494 (July 1, 1980). 3 . The Enforcement Guidelines state: [A]s a general rule, a production-operator may be properly cited for a violation involving an independent contractor: (1) when the production-operator has contributed by either an act or an omission to the occurrence of a violation in the course of an independent contractor's work, or (2) when the production-operator has contributed by either an act or omission to the continued 2003) (<HOLDING>); Baltimore Gas & Elec. Co. v. FERC, 252 F.3d
holding that an agencys decision to reach a settlement is nonreviewable holding that the faas decision not to renew an aircraft examiners authority is nonreviewable holding icc decision not to investigate nonreviewable holding that this court lacked jurisdiction to review the faas decision to not renew a pilot examiner designation holding that the decision whether to renew a hap rests entirely with the owner and that an owner has no legal obligation to renew