Contractor excavates rock to fix portion of Dekalb County, Tenn. highway that slid into river. Mine Safety and Health Administration: That is mining, which you can’t do without telling us first. For that and some other things, pay a $2,940 fine. Administrative law judge: Yup. Pay the fine. Sixth Circuit: Maybe not. The Constitution demands ALJs be appointed by the president, a court of law, or a department head—and the ALJ here was appointed by another ALJ.