Administrative
Commission review of ALJ's decisions did not overreach by reversing on the basis that the ALJ had only considered a snapshot view of the circumstance, and that the ALJ had improperly weighed the possibility disaster actually occurring from the violation of the rules. Findings of fact were not contradicted in the reversal.
Where commission adopts factual findings of ALJ but reverses, review is for substantial error.
Litigating decisions (adjudications?) of the Secretary are not subject to Chevron deference. (!)
As the gravity of events resulting from a violation are considered in another prong of the rule, the gravity of the prong under consideration refers to the degree of the material violation itself.
Contemplated - but not implemented - improvements are not mitigations.
http://www.ca4.uscourts.gov/Opinions/Published/142313.P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.