Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1986
• Part Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Seaman's Protection Act (SPA), as Amended.
• Subpart: B
• Subpart Title: Litigation
• Standard Number: 1986.109
• Title: Decisions and orders of the administrative law judge.
• GPO Source: e-CFR

1986.109(a)

The decision of the ALJ will contain appropriate findings, conclusions, and an order pertaining to the remedies provided in paragraph (d) of this section, as appropriate. A determination that a violation has occurred may be made only if the complainant has demonstrated by a preponderance of the evidence that protected activity was a contributing factor in the adverse action alleged in the complaint.
1986.109(b)
If the complainant or the Assistant Secretary has satisfied the burden set forth in the prior paragraph, relief may not be ordered if the respondent demonstrates by clear and convincing evidence that it would have taken the same adverse action in the absence of any protected activity.
1986.109(c)
Neither the Assistant Secretary's determination to dismiss a complaint without completing an investigation pursuant to Sec. 1986.104(e) nor the Assistant Secretary's determination to proceed with an investigation is subject to review by the ALJ, and a complaint may not be remanded for the completion of an investigation or for additional findings on the basis that a determination to dismiss was made in error. Rather, if there otherwise is jurisdiction, the ALJ will