of a violation committed by an independent contractor, or (3) when the production-operator's miners are exposed to the hazard, or (4) when the production-operator has control over the condition that needs abatement. 45 Fed.Reg. at 44497. 4 . The Commission relied on the final point notwithstanding its acknowledgment that “the Enforcement Guidelines are not binding on the Secretary.” Commission Decision, 27 F.M.S.H.R.C. at 273 n. 19. 5 . Section 110 of the Mine Act, which under the Coal Act was 30 U.S.C. § 819 (1976), states: The operator of a coal or other mine in which a violation occurs of a mandatory health or safety standard ... shall be assessed a civil penalty by the Secretary.... 30 U.S.C. § 820(a) (emphasis added). 6 . See, e.g., Lincoln, 508 U.S. at 192, 113 S.Ct. 2024 (<HOLDING>); Steenholdt v. FAA, 314 F.3d 633, 634
holding that a courts role in reviewing an administrative agency decision is limited to determining if there is substantial evidence in the record as a whole to support the agencys findings and conclusions and to determine if the administrative decision is premised upon an erroneous conclusion of law recognizing general rule that when an administrative agencys order is appealed to a court agencys power and authority over the matter is suspended because courts jurisdiction over subject matter must be complete and not interfered with or frustrated by concurrent action of administrative agency holding that an administrative agencys decision may not be based upon inadmissible expert opinion holding that an agencys allocation of funds from a lumpsum appropriation is another administrative decision traditionally regarded as committed to agency discretion holding that judicial review of an administrative agencys decision is limited solely to whether given the relevant standard and facts the agencys decision was arbitrary illegal capricious or unreasonable