Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1982
• Part Title: Procedures For The Handling Of Retaliation Complaints Under The National Transit Systems Security Act And The Federal Railroad Safety Act
• Subpart: B
• Subpart Title: Litigation
• Standard Number: 1982.106
• Title: Objections to the findings and the preliminary order and request for a hearing.
• GPO Source: e-CFR


1982.106(a)

Any party who desires review, including judicial review, of the findings and preliminary order, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees under NTSSA, must file any objections and/or a request for a hearing on the record within 30 days of receipt of the findings and preliminary order pursuant to § 1982.105. The objections, request for a hearing, and/or request for attorney fees must be in writing and state whether the objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees. The date of the postmark, facsimile transmittal, or electronic communication transmittal is considered the date of filing; if the objection is filed in person, by handdelivery or other means, the objection is filed upon receipt. Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, and copies of the objections must be mailed at the same time to the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

1982.106(b)

If a timely objection is filed, all provisions of the preliminary order will be stayed, except