[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1772-1795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28055]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Parts 641, 655, 658, 667 and 683
Office of Workers' Compensation Programs
20 CFR Part 726
Office of the Secretary of Labor
29 CFR Parts 7, 8, 22, 24, 26, 29, 37, 38 and 96
Office of Labor-Management Standards
29 CFR Parts 417 and 458
Wage and Hour Division
29 CFR Parts 500, 525, 530 and 580
Occupational Safety and Health Administration
29 CFR Parts 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986,
1987 and 1988
Office of Federal Contract Compliance Programs
41 CFR Part 60-30
RIN 1290-AA28
Rules of Practice and Procedure Concerning Filing and Service and
Amended Rules Concerning Filing and Service
AGENCY: Employment and Training Administration, Office of Workers'
Compensation Programs, Office of the Secretary, Office of Labor-
Management Standards, Wage and Hour Division, Occupational Safety and
Health Administration, Office of Federal Contract Compliance Programs.
ACTION: Direct final rule.
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SUMMARY: The Department of Labor (Department or DOL) is issuing this
Direct Final Rule to require electronic filing (e-filing) and make
acceptance of electronic service (e-service) automatic for attorneys
and non-attorney representatives representing parties in proceedings
before the Administrative Review Board (Board), unless the Board
authorizes non-electronic filing and service for good cause. Self-
represented persons will have the option of e-filing or of filing
papers by conventional means. This rule establishes a new part
containing rules of practice and procedure for the Board and amends
existing regulations concerning filing and service that apply where a
governing statute or executive order does not establish contrary rules
of filing and service. It also makes other minor corrections to update
existing regulations.
DATES: This direct final rule is effective on February 25, 2021, unless
the Department receives a significant adverse comment to this direct
final rule or the companion proposed rule by February 10, 2021 that
explains why the direct final rule is inappropriate, including
challenges to the rule's underlying premise or approach, or why the
rule will be ineffective or unacceptable without a change. If a timely,
significant adverse comment is received, the Department will publish a
notification of withdrawal of the direct final rule in the Federal
Register before the effective date. This notification may withdraw the
direct final rule in whole or in part.
ADDRESSES: You may send comments, identified by Regulatory
Identification Number (RIN) 1290-AA28, only by the following method:
Electronic Comments. Submit comments through the Federal eRulemaking
Portal http://www.regulations.gov. To locate the proposed rule, use key
words such as ``Administrative Review Board'' to search documents
accepting comments. Follow the instructions for submitting comments.
All comments must be received by 11:59 p.m. on the date indicated for
consideration in this rulemaking.
Instructions: All submissions received must include the agency name
and docket number (DOL-2020-0011) or Regulatory Information Number
(RIN) for this rulemaking. All comments received will generally be
posted without change to https://www.regulations.gov, including any
personal information provided. If you need assistance to review the
comments or the direct final rule, the Department will consider
providing the comments and direct final rule in other formats upon
request. For assistance to review the comments or obtain the direct
final rule in an alternate format, contact Mr. Thomas Shepherd, Clerk
of the Appellate Boards, at 202-693-6319 or Shepherd.Thomas@dol.gov.
Individuals with hearing or speech impairments may access the telephone
number above by TTY by calling the toll-free Federal Information Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the
Appellate Boards, at 202-693-6319 or Shepherd.Thomas@dol.gov.
SUPPLEMENTARY INFORMATION: This preamble is divided into four sections:
Section I describes the process of rulemaking using a direct final rule
with a companion proposed rule; Section II provides general background
information on the development of the rulemaking; Section III is a
discussion of the changes to the regulatory text; and Section IV covers
the administrative requirements for this rulemaking.
I. Direct Final Rule Published Concurrently With Companion Proposed
Rule
The Department is simultaneously publishing with this direct final
rule an identical proposed rule elsewhere in this issue of the Federal
Register. In direct final rulemaking, an agency publishes a final rule
with a statement that the rule will go into effect unless the agency
receives significant adverse comment within a specified period. If the
agency receives no significant adverse comment in response to the
direct final rule, the rule goes into effect. If the agency receives
significant adverse comment, the agency withdraws the direct final rule
and treats such comment as submissions on the proposed rule. The
proposed rule then provides the procedural framework to finalize the
rule. An agency typically uses direct final rulemaking when it
anticipates the rule will be non-controversial.
The Department has determined that this rule is suitable for direct
final rulemaking. The enactment of the Board's procedural regulations
and revisions to existing program regulations would require parties to
use the Board's electronic system for filing and serving documents
unless exempted by the Board, as well as make technical corrections to
addresses, add cross-references to rules of practice and procedure, and
specify where the Secretary has delegated authority under a program to
the ARB. Some parties are already filing documents through the Board's
existing electronic system on a voluntary basis. Moreover, this system
is similar to those used by courts and other administrative agencies
and will thus be familiar to some representatives. The rule would also
give self-represented (pro se) parties the option to file and serve
documents through the electronic system or via conventional methods.
These changes to the Board's procedures and practices should not be
controversial. The Department has determined that this rule is exempt
from the notice and comment requirements
under 5 U.S.C. 553(b) as a rule of agency practice and procedure.
Nonetheless, the agency has decided to allow for public input by
issuing a direct final rule and concurrent notice of proposed
rulemaking.
The comment period for this direct final rule runs concurrently
with the comment period for the proposed rule. Any comments received in
response to this direct final rule will also be considered as comments
regarding the proposed rule and vice versa. For purposes of this
rulemaking, a significant adverse comment is one that explains (1) why
the rule is inappropriate, including challenges to the rule's
underlying premise or approach; or (2) why the direct final rule will
be ineffective or unacceptable without a change. In determining whether
a significant adverse comment necessitates withdrawal of the direct
final rule, the Department will also consider whether the comment
raises an issue serious enough to warrant a substantive response had it
been submitted in a standard notice-and-comment process. A comment
recommending an addition to the rule will not be considered significant
and adverse unless the comment explains how the direct final rule would
be ineffective without the addition.
The Department requests comments on all issues related to this
rule, including economic or other regulatory impacts of this rule on
the regulated community.
II. Background of This Rulemaking
The Department is promulgating a rule that makes e-filing mandatory
and acceptance of e-service automatic for represented parties before
the Administrative Review Board represented by attorneys and non-
attorney representatives. It does this by enacting its own rules of
practice and procedure and amending existing program regulations.
Currently, e-filing is optional and e-service is not available through
the Board's existing electronic system: DOL Appeals. As a result, the
Board receives filings in both paper and electronic form. The Board's
long-term goal is to have entirely electronic case files (e-case
files), which would significantly benefit both the Board and the
participants in Board appeals by allowing the Board to more efficiently
process incoming documents, reducing the time it takes to adjudicate
claims. Requiring attorneys and non-attorney representatives to use e-
filing and e-service will help the Board move toward this goal.
The Board currently uses DOL Appeals, a consolidated web-based case
tracking system deployed in FY2011 to replace individual legacy
applications and streamline business processes specific to each of the
three Adjudicatory Boards in the Department: the Board, the Benefits
Review Board (BRB), and the Employees' Compensation Appeals Board
(ECAB). The Board has been delegated authority by the Secretary of
Labor to issue decisions on appeal in cases arising under a variety of
worker protection laws, including those governing environmental,
transportation, and securities whistleblower protections; H-1B
immigration provisions; child labor; employment discrimination; job
training; seasonal and migrant workers; and Federal construction and
service contracts. The BRB reviews appeals of administrative law
judges' decisions arising under the Black Lung Benefits Act, the
Longshore and Harbor Workers' Compensation Act and its extensions. ECAB
hears appeals taken from determinations and awards under the Federal
Employees' Compensation Act with respect to claims of Federal employees
injured in the course of their employment.
The DOL Appeals case management system has provided a broad range
of capabilities to the Boards' staff for inputting, processing,
tracking, managing, and reporting specific details on thousands of
cases since its initial implementation. In FY2013, the system was
enhanced to provide access to the general public. Currently, over 1,400
individuals are registered users of the DOL Appeals system. Users have
the ability to check their case status, electronically file motions and
briefs, and receive Board issuances electronically. However, users who
e-file documents must still serve those documents on other parties by
some other method (typically mail, commercial delivery, or electronic
mail), as DOL Appeals does not have an automatic e-service function
like that of the Federal courts' electronic filing and service systems.
Moreover, because e-filing is optional, the Board continues to receive
many paper filings, including from attorneys and non-attorney
representatives.
At present, the Board lacks sufficient resources to digitally image
all pleadings received in paper form, and that option is unduly
burdensome and labor intensive. Furthermore, if e-filing remains
optional, it is unlikely that the Board will achieve the goal of
completely electronic case files. If, however, parties are required to
e-file all documents through the Department's electronic case
management system, imaging the remaining paper pleadings from
authorized parties would be more manageable for the Board. In addition,
greater utilization of e-filing and e-service will reduce case
processing times by eliminating the timeframes required to allow for
the delivery of traditional mailings. These time savings will allow the
Board to more efficiently process appeals without any sacrifice to
quality of work and will also greatly reduce mailing and copying costs
for both the Board and the parties.
Additionally, in an effort to improve e-filing and e-service
Department-wide, the rule amends provisions regarding filing and
service with the Office of Administrative Law Judges (OALJ) for
consistency with proposed amendments to the OALJ rules of practice and
procedure in 29 CFR part 18.
III. Discussion of Changes
A. Administrative Review Board Rules of Practice and Procedure
The Department is adding a new section to the Code of Federal
Regulations at 29 CFR part 26 in order to establish rules of practice
and procedure for the Board regarding filing and service and to address
some general procedural matters.
Sec. 26.1 Purpose and Scope
This section is a new provision addressing the purpose of part 26
and the scope of the Board's authority. Paragraph (a) provides that
part 26 contains the rules of practice of the Board and that these
rules shall govern all appeals and proceedings before the Board, except
where inconsistent with a governing statute, regulation, or executive
order. Paragraph (b) provides that the Board has authority to act as
the authorized representative of the Secretary of Labor in review or on
appeal of decisions and recommendations, as provided in Secretary's
Order 01-2020. The Board shall act as fully and finally as the
Secretary of Labor concerning such matters, except as provided in
Secretary's Order 01-2020 (or any successor to that order).
Sec. 26.2 General Procedural Matters
This section is a new provision containing procedural provisions.
Paragraph (a) supplies definitions. Paragraph (a)(1) defines the ARB to
mean the Administrative Review Board. Paragraph (a)(2) defines
Electronic case management system to mean the Department of Labor's
electronic filing and electronic service system for adjudications.
Paragraph (b) addresses computation of time. Paragraph (b)(1)
provides that
when computing a time period stated in days, the day of the event that
triggers the period should be excluded; every day, including
intermediate Saturdays, Sundays, and legal holidays, should be counted;
and the last day of the period should be included, but if the last day
is a Saturday, Sunday, or legal holiday, the period continues to run
until the next day that is not a Saturday, Sunday, or legal holiday.
Paragraph (b)(2) addresses when the ``last day'' ends. Paragraph
(b)(2)(i) provides that for electronic filing via the Department's
electronic case management system or via other electronic means, the
``last day'' goes until 11:59:59 p.m. Eastern Time on the due date. The
Board chose this time zone because Washington, DC is located within it.
Paragraph (b)(2)(ii) provides that for non-electronic filing, the
``last day'' ends at the time the office of the Clerk of the Appellate
Boards is scheduled to close in Washington, DC on the due date. These
rules are generally consistent with the Federal Rules of Civil
Procedure, see Fed. R. Civ. P. 6(a), and the Federal Rules of Appellate
Procedure, see Fed. R. App. P. 26(a)(4). This provides a default where
the applicable statute, regulation, executive order, or judge's order
is silent. Paragraph (c) provides the Board's mailing address.
Sec. 26.3 Filing
This section is a new provision containing all filing requirements.
Paragraph (a) governs e-filing through the Department's electronic case
management system. Paragraph (a)(1) requires attorneys and lay
representatives to file all petitions, pleadings, exhibits, and other
documents with the Board via the Department's electronic case
management system, and notes that paper copies are not required unless
requested by the Board. As discussed above, mandating electronic filing
and automatically serving documents electronically filed through the
system will benefit the parties and improve case processing. This
requirement applies only to those documents filed 45 days after the
effective date or later. This time period between the effective date,
when litigants can be certain that the direct final rule will not be
withdrawn, and the applicability date, on which e-filing becomes
mandatory, allows the Office of Administrative Law Judges to update its
notices of appeal rights so that by the time e-filing is mandatory,
parties will have received a notice of appeal rights with updated
information. It also allows parties who were previously filing and
serving documents by mail to adjust to electronic filing.
Although Federal agencies are required by law to provide
information and services via the internet, agencies must also consider
the impact on persons without access to the internet and, to the extent
practicable, ensure that the availability of government services has
not been diminished for such persons. See 44 U.S.C. 3501. Accordingly,
the Department proposes to authorize non-electronic filing and service
for good cause and will make e-filing and e-service optional for self-
represented parties. The Board notes in this regard that e-filing is
generally mandatory for attorneys in the Federal district courts and
U.S. Courts of Appeals, unless an exemption for good cause is granted;
only self-represented parties have the option of filing pleadings in
paper form. Accordingly, paragraph (a)(2) provides that attorneys and
lay representatives may request an exemption to e-filing for good cause
shown. Such a request must include a detailed explanation why e-filing
or acceptance of e-service should not be required.
Paragraph (a)(3) allows self-represented (i.e., pro se) parties to
file in either electronic or non-electronic format. Providing this
flexibility will allow these parties to easily participate in their
cases.
Paragraph (a)(4) provides that documents filed via the Department's
electronic case management system are filed when received, and are
received as of the date and time recorded by the system. Paragraph
(a)(5) allows for electronic signatures when a filing is made through a
registered user's account and authorized by that person, along with the
person's name. This is consistent with the Federal Rules of Civil
Procedure, see Fed. R. Civ. P. 5(d)(3) and the Federal Rules of
Appellate Procedure, see Fed. R. App. P. 25(2)(B)(iii). Many program
regulations require filed documents to be signed, and this provision
allows filers to comply while filing via the Department's electronic
case management system.
Paragraph (a)(6) provides that a person who is adversely affected
by a technical failure in connection with filing or receipt of an
electronic document may seek appropriate relief from the Board. The
Board encourages filers to retain documentation of the failure in these
instances. Additionally, if technical malfunction or other issue
prevents access to the Department's case management system for a
protracted period, the Board by special order may provide appropriate
relief pending restoration of electronic access.
Paragraph (b) addresses alternate methods of filing for persons who
are excepted from e-filing or who have opted not to use e-filing and
provides that documents filed using methods other than the Department's
electronic case management system (e.g., by email or mail) are
considered filed when received by the Clerk of the Appellate Boards.
This similar to the Federal Rules of Civil Procedure, see Fed. R. Civ.
P. 5(d)(2), and provides a default for when laws governing a particular
program do not specify the date of filing.
Sec. 26.4 Service
This section contains all service requirements. Paragraph (a)
addresses electronic service. Paragraph (a)(1) provides that electronic
service may be completed by email if consented to in writing by the
party being served. Paragraph (a)(2) deems service completed by sending
the document to a user registered with the Department's electronic case
management system by filing via this system. This is consistent with
the Federal Rules of Civil Procedure, see Fed. R. Civ. P. 5(b)(2)(E),
and the Federal Rules of Appellate Procedure, see Fed. R. App. P.
25(c)(2), and provides a default for when laws governing a particular
program do not specify the date of service. Paragraph (a)(2) further
provides that registering to use the Department's electronic case
management system constitutes consent to service through the system.
The Board would also issue decisions and orders electronically to
registered users who are parties to a case.
Paragraph (b) addresses non-electronic service and allows for
service to be completed by personal delivery, mail, or delivery via
commercial carrier.
Paragraph (c) provides the effective date of each form of service.
Paragraph (c)(1) provides that service by personal delivery is effected
on the date the document is delivered to the person being served.
Paragraph (c)(2) provides that service by mail or commercial carrier is
effected on the date the document is mailed or delivered to the
commercial carrier. Paragraph (c)(3) provides that service by
electronic means, including via the Department's electronic case
management system and via email, is effective on sending. This is
similar to the Federal Rules of Civil Procedure, see Fed. R. Civ. P.
5(b)(2), and provides a default for when laws governing a particular
program do not specify the date of service.
B. Additional Changes
The Department proposes to revise several parts of the Code of
Federal Regulations: 20 CFR parts 641, 655, 658, 667, 683, and 726; 29
CFR parts 7, 8, 22, 24, 29, 37, 38, 96, 417, 458, 500, 525, 530, 580,
1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987 and 1988;
and 41 CFR part 60-30 to harmonize the filing provisions with 29 CFR
part 26 and improve e-filing and e-service Department-wide.
1. Changes to Requirements for Filing and Service by Mail or Personal
Delivery
Many regulations require parties to file and serve documents by
mail or by personal delivery in cases pending before the Board. To
ensure that the regulations allow for e-filing and e-service through
the Department's electronic case management system, and via email when
permissible, the Department proposes to remove requirements for filing
and service by mail and personal delivery to allow for e-filing and e-
service, except where required by statute. Using the general terms
``filing'' and ``service'' will allow for all forms of filing and
service permitted by 29 CFR part 26. The Department also proposes to
cross-reference the Board's rules of practice and procedure at 29 CFR
part 26 and the OALJ's rules of practice and procedure at 29 CFR part
18 where necessary to clarify the application of those parts.
Further, in 29 CFR parts 24 and 1978-88, where the Occupational
Safety and Health Administration (OSHA) is required to deliver its
findings and orders by certified mail, the Department proposes to allow
OSHA to deliver such findings and orders by means that allow it to
confirm delivery to all parties of record and each party's legal
counsel. This would provide flexibility to the agency and allow for
electronic delivery when appropriate.
2. Changes to Requirements To Send Copies of Documents
Many regulations require parties to send additional paper copies of
all documents to the Board. To allow for better transition to full
electronic case management and to simplify the filing process for
parties, the Department proposes to remove requirements to send copies
of all documents to the Board. Paper copies are not necessary when e-
filing, and the Board no longer needs multiple paper copies from self-
represented parties or those who are granted an exemption from e-
filing.
3. Nomenclature and Other Technical Changes
To update the regulations for clarity, accuracy, and to comply with
29 CFR part 26, the Department proposes to make several technical
changes to the regulations. Specifically, the Department proposes to
remove outdated mailing addresses for both the Board and the Office of
Administrative Law Judges. The Department also proposes to update the
regulations that require documents to be filed with the Executive
Director of the Board to require that documents be filed the Clerk of
the Appellate Boards. The Department also proposes to update the
authorities section in 29 CFR parts 7, 8, and 458 to include the
applicable Secretary's Order, Secretary's Order 01-2020. Finally, the
Department proposes to update the pronouns in 29 CFR 417.15 to account
for a previous change from ``Secretary'' to ``Board.''
4. Changes to References to the Secretary
The Department proposes to revise references to the ``Secretary''
or the ``authority head'' to the ``Administrative Review Board,''
``Board,'' or ``ARB'' to clarify the authority and responsibilities of
the Board. Many regulations, particularly older ones, contain
references to the ``Secretary'' or ``authority head'' for
responsibilities that have been delegated to the Board by the
Secretary. Where necessary, these changes are accompanied by a
provision allowing for discretionary review by the Secretary, in
accordance with Secretary's Order 01-2020 (or any successor to that
order). In such cases, Board decisions would become final in accordance
with the finality provisions of Secretary's Order 01-2020, or any
successor to that order.
IV. Administrative Requirements of the Rulemaking
Executive Orders 12866, Regulatory Planning and Review; 13563,
Improving Regulation and Regulatory Review; and 13777, Reducing
Regulation and Controlling Regulatory Costs
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 directs agencies to reduce
regulation and control regulatory costs and provides that ``for every
one new regulation issued, at least two prior regulations be identified
for elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
This rule has been drafted and reviewed in accordance with
Executive Order 12866. The Department of Labor, in coordination with
the Office of Management and Budget (OMB), determined that this rule is
not a significant regulatory action under section 3(f) of Executive
Order 12866 because the rule will not have an annual effect on the
economy of $100 million or more; will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; and will not materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof. Furthermore, the rule does not raise
a novel legal or policy issue arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
OMB has not designated this rule a significant regulatory action
under section 3(f) of Executive Order 12866. Accordingly, OMB has not
reviewed it. As this rule is not a significant regulatory action, this
rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum ``Guidance Implementing Executive Order 13771, Titled
`Reducing Regulation and Controlling Regulatory Costs' '' (April 5,
2017).
Regulatory Flexibility Act of 1980
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the Administrative Procedure Act, the
regulatory flexibility requirements of the Regulatory Flexibility Act,
5 U.S.C. 601, do not apply to this rule. See 5 U.S.C. 601(2).
Paperwork Reduction Act (PRA)
The Department has determined that this rule is not subject to the
requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
(PRA), as this rulemaking involves administrative actions to which the
Federal government is a party or that occur after an administrative
case file has been opened regarding a particular individual. See 5 CFR
1320.4(a)(2), (c).
Unfunded Mandates Reform Act of 1995 and Executive Order 13132,
Federalism
The Department has reviewed this rule in accordance with the
requirements of Executive Order 13132 and the Unfunded Mandates Reform
Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential or
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. As there
is no Federal mandate contained herein that could result in increased
expenditures by State, local, and tribal governments, or by the private
sector, the Department has not prepared a budgetary impact statement.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department has reviewed this rule in accordance with Executive
Order 13175 and has determined that it does not have ``tribal
implications.'' The rule does not ``have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.''
Executive Order 13211, Energy Supply, Distribution, or Use
The Department has reviewed this rule and has determined that the
provisions of Executive Order 13211 are not applicable as this is not a
significant regulatory action and there are no direct or implied
effects on energy supply, distribution, or use.
List of Subjects
20 CFR Part 641
Administrative practice and procedure, Grievance procedure and
appeals process, Senior Community Service Employment Program, Services
to participants.
20 CFR Part 655
Administrative practice and procedure, Labor certification process
for temporary employment.
20 CFR Part 658
Administrative practice and procedure, Complaint system,
Discontinuation of services, State workforce agency compliance, Federal
application of remedial action to state workforce agencies, Wagner-
Peyser Act Employment Service.
20 CFR Part 667
Adjudication and Judicial Review, Administrative practice and
procedure, Oversight and monitoring, Grievance procedures, complaints,
and State appeal processes, Sanctions, corrective actions, and waiver
of liability, Reporting and recordkeeping requirements, Resolution of
findings, Workforce Investment Act.
20 CFR Part 683
Adjudication and judicial review, Administrative practice and
procedure, Funding and closeout, Grievance procedures, complaints, and
State appeal processes, Oversight and resolution of findings, Pay-for-
performance contract strategies, Reporting and recordkeeping
requirements, Rules, costs, and limitations, Sanctions, corrective
actions, and waiver of liability, Workforce Innovation And Opportunity
Act.
20 CFR Part 726
Administrative practice and procedure, Black lung benefits,
Authorization of self-insurers, Civil money penalties.
29 CFR Part 7
Administrative practice and procedure, Government contracts,
Minimum wages.
29 CFR Part 8
Administrative practice and procedure, Government contracts,
Minimum wages.
29 CFR Part 22
Administrative practice and procedure, Appeal to the Administrative
Review Board.
29 CFR Part 24
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, Retaliation complaints,
Environmental protection, Energy Reorganization Act of 1974, as
amended.
29 CFR Part 26
Administrative practice and procedure.
29 CFR Part 29
Administrative practice and procedure, Apprenticeship programs,
Labor standards, State apprenticeship agencies.
29 CFR Part 37
Administrative practice and procedure, Workforce Investment Act of
1998, Obligations of recipients and governors, Compliance procedures.
29 CFR Part 38
Administrative practice and procedure, Compliance procedures,
Obligations of recipients and governors, Workforce Innovation and
Opportunity Act.
29 CFR Part 96
Administrative practice and procedure, Audit requirements, Grants,
contracts, and other agreements.
29 CFR Part 417
Administrative practice and procedure, Labor management standards,
Procedures for removal of local labor organization officers.
29 CFR Part 458
Administrative practice and procedure, Standards of conduct, Labor-
Management Reporting and Disclosure Act of 1959.
29 CFR Part 500
Administrative practice and procedure, Migrant and seasonal
agricultural worker protection, Enforcement, Worker protections,
Registration, Motor vehicles, Housing.
29 CFR Part 525
Administrative practice and procedure, Workers with disabilities,
Wage rates, Special certificates.
29 CFR Part 530
Administrative practice and procedure, Homeworkers, Employer
Certificates, Denial/revocation of certificates, Civil money penalties.
29 CFR Part 580
Administrative practice and procedure, Assessing and contesting,
Civil money penalties.
29 CFR Part 1978
Administrative practice and procedure, Employee protection,
Findings, Investigations Litigation, Retaliation complaints, Surface
Transportation Assistance Act of 1982.
29 CFR Part 1979
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, Retaliation complaints, Wendell H
Ford Aviation Investment and Reform Act for the 21st Century.
29 CFR Part 1980
Administrative practice and procedure, Employee protection,
Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-
Oxley Act of 2002.
29 CFR Part 1981
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, Pipeline Safety Improvement Act
of 2002, Retaliation complaints.
29 CFR Part 1982
Administrative practice and procedure, Employee protection,
Findings, Litigation, Investigations, National Transit Systems Security
Act, Federal Railroad Safety Act, Retaliation complaints.
29 CFR Part 1983
Administrative practice and procedure, Consumer Product Safety
Improvement Act of 2008, Employee protection, Findings, Investigations,
Litigation, Retaliation complaints.
29 CFR Part 1984
Administrative practice and procedure, Affordable Care Act,
Employee protection, Findings, Investigations, Litigation, Retaliation
complaints.
29 CFR Part 1985
Administrative practice and procedure, Consumer Financial
Protection Act of 2010, Employee protection, Findings, Investigations,
Litigation, Retaliation complaints.
29 CFR Part 1986
Administrative practice and procedure, Employee protection,
Findings, Investigations, Litigation, Retaliation complaints, Seaman's
Protection Act.
29 CFR Part 1987
Administrative practice and procedure, Employee protection, FDA
Food Safety Modernization Act, Findings, Investigations, Litigation,
Retaliation complaints.
29 CFR Part 1988
Administrative practice and procedure, Employee protection,
Findings, Investigations, Litigation, Moving Ahead for Progress in the
21st Century Act, Retaliation complaints.
41 CFR Part 60-30
Administrative practice and procedure, Equal opportunity, Executive
Order 11246, Property management, Public contracts.
For the reasons discussed in the preamble, the Department amends
Titles 20, 29, and 41 of the Code of Federal Regulations as set forth
below:
DEPARTMENT OF LABOR
Title 20: Employees' Benefits
Employment and Training Administration
PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM
0
1. The authority citation for part 641 continues to read as follows:
Authority: 42 U.S.C. 3056 et seq.; Pub. L. 114-144, 130 Stat.
334 (Apr. 19, 2016).
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2. In Sec. 641.900, revise paragraphs (d) and (e) to read as follows:
Sec. 641.900 What appeal process is available to an applicant that
does not receive a grant?
* * * * *
(d) A request for a hearing must be filed with the Chief
Administrative Law Judge, U.S. Department of Labor, with one copy to
the Departmental official who issued the determination.
(e) The decision of the ALJ constitutes final agency action unless,
within 21 days of the decision, a party dissatisfied with the ALJ's
decision, in whole or in part, has filed a petition for review with the
Administrative Review Board (ARB) (established under Secretary's Order
No. 01-2020), specifically identifying the procedure, fact, law, or
policy to which exception is taken, in accordance with 29 CFR part 26.
The Department will deem any exception not specifically urged to have
been waived. A copy of the petition for review must be sent to the
grant officer at that time. If, within 30 days of the filing of the
petition for review, the ARB does not notify the parties that the case
has been accepted for review, then the decision of the ALJ constitutes
final agency action. In any case accepted by the ARB, a decision must
be issued by the ARB within 180 days of acceptance. If a decision is
not so issued, the decision of the ALJ constitutes final agency action.
* * * * *
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3. In Sec. 641.920, revise paragraphs (d)(1) and (5) to read as
follows:
Sec. 641.920 What actions of the Department may a grantee appeal and
what procedures apply to those appeals?
* * * * *
(d) * * *
(1) Within 21 days of receipt of the Department's final
determination, the grantee may file a request for a hearing with the
Chief Administrative Law Judge, United States Department of Labor, in
accordance with 29 CFR part 18, with a copy to the Department official
who signed the final determination.
* * * * *
(5) The decision of the ALJ constitutes final agency action unless,
within 21 days of the decision, a party dissatisfied with the ALJ's
decision, in whole or in part, has filed a petition for review with the
ARB (established under Secretary's Order No. 01-2020), specifically
identifying the procedure, fact, law, or policy to which exception is
taken, in accordance with 29 CFR part 26. The Department will deem any
exception not specifically argued to have been waived. A copy of the
petition for review must be sent to the grant officer at that time. If,
within 30 days of the filing of the petition for review, the ARB does
not notify the parties that the case has been accepted for review, then
the decision of the ALJ constitutes final agency action. In any case
accepted by the ARB, a decision must be issued by the ARB within 180
days of acceptance. If a decision is not so issued, the decision of the
ALJ constitutes final agency action.
PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED
STATES
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4. The authority citation for part 655 continues to read as follows:
Authority: Section 655.0 issued under 8 U.S.C.
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C.
1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102
(8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978,
5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105
Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206,
107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8
U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316
(8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat.
2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR
214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115-218,
132 Stat. 1547 (48 U.S.C. 1806).
Subpart A issued under 8 CFR 214.2(h).
Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c),
and 1188; and 8 CFR 214.2(h).
Subpart E issued under 48 U.S.C. 1806.
Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec.
323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note,
Pub. L. 114-74 at section 701.
Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and
(b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub.
L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e),
Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461
note, Pub. L. 114-74 at section 701.
Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and
1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).
* * * * *
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5. In Sec. 655.182, revise paragraphs (f)(3) and (f)(5)(i) to read as
follows:
Sec. 655.182 Debarment.
* * * * *
(f) * * *
(3) Hearing. The recipient of a Notice of Debarment may request a
debarment hearing within 30 calendar days of the date of a Notice of
Debarment or the date of a final determination of the OFLC
Administrator after review of rebuttal evidence submitted pursuant to
Sec. 655.182(f)(2). To obtain a debarment hearing, the debarred party
must, within 30 days of the date of the Notice or the final
determination, file a written request with the Chief Administrative Law
Judge, United States Department of Labor, in accordance with 29 CFR
part 18, and simultaneously serve a copy to the OFLC Administrator. The
debarment will take effect 30 days from the date the Notice of
Debarment or final determination is issued, unless a request for review
is properly filed within 30 days from the issuance of the Notice of
Debarment or final determination. The timely filing of a request for a
hearing stays the debarment pending the outcome of the hearing. Within
10 days of receipt of the request for a hearing, the OFLC Administrator
will send a certified copy of the ETA case file to the Chief ALJ by
means normally assuring next-day delivery. The Chief ALJ will
immediately assign an ALJ to conduct the hearing. The procedures in 29
CFR part 18 apply to such hearings, except that the request for a
hearing will not be considered to be a complaint to which an answer is
required.
* * * * *
(5) Review by the ARB. (i) Any party wishing review of the decision
of an ALJ must, within 30 days of the decision of the ALJ, petition the
ARB to review the decision in accordance with 29 CFR part 26. Copies of
the petition must be served on all parties and on the ALJ. The ARB will
decide whether to accept the petition within 30 days of receipt. If the
ARB declines to accept the petition, or if the ARB does not issue a
notice accepting a petition within 30 days after the receipt of a
timely filing of the petition, the decision of the ALJ will be deemed
the final agency action. If a petition for review is accepted, the
decision of the ALJ will be stayed unless and until the ARB issues an
order affirming the decision. The ARB must serve notice of its decision
to accept or not to accept the petition upon the ALJ and upon all
parties to the proceeding.
* * * * *
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6. In Sec. 655.473, revise paragraphs (f)(3)(i) and (f)(5)(i) to read
as follows:
Sec. 655.473 Debarment.
* * * * *
(f) * * *
(3) Request for review. (i) The recipient of a Notice of Debarment
or Final Determination seeking to challenge the debarment must request
review of the debarment within 30 calendar days of the date of the
Notice of Debarment or the date of the Final Determination by the OFLC
Administrator after review of rebuttal evidence submitted under
paragraph (f)(2) of this section. A request for review of debarment
must be filed in writing with the Chief ALJ, United States Department
of Labor, in accordance with 29 CFR part 18, with a simultaneous copy
served on the OFLC Administrator; the request must clearly identify the
particular debarment determination for which review is sought; and must
set forth the particular grounds for the request. If no timely request
for review is filed, the debarment will take effect on the date
specified in the Notice of Debarment or Final Determination, or if no
date is specified, 30 calendar days from the date the Notice of
Debarment or Final Determination is issued.
* * * * *
(5) Review by the ARB. (i) Any party wishing review of the decision
of an ALJ must, within 30 calendar days of the decision of the ALJ,
petition the ARB to review the decision in accordance with 29 CFR part
26. Copies of the petition must be served on all parties and on the
ALJ. The ARB will decide whether to accept the petition within 30
calendar days of receipt. If the ARB declines to accept the petition,
or if the ARB does not issue a notice accepting a petition within 30
calendar days after the receipt of a timely filing of the petition, the
decision of the ALJ is the final agency action. If a petition for
review is accepted, the decision of the ALJ will be stayed unless and
until the ARB issues an order affirming the decision. The ARB must
serve notice of its decision to accept or not to accept the petition
upon the ALJ and upon all parties to the proceeding.
* * * * *
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7. In Sec. 655.845, revise paragraph (f) to read as follows:
Sec. 655.845 What rules apply to appeal of the decision of the
administrative law judge?
* * * * *
(f) All documents submitted to the Board shall be filed with the
Administrative Review Board in accordance with 29 CFR part 26.
Documents are not deemed filed with the Board until actually received
by the Board. All documents, including documents filed by mail, shall
be received by the Board either on or before the due date.
* * * * *
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8. In Sec. 655.1245, revise paragraph (f) to read as follows:
Sec. 655.1245 Who can appeal the ALJ's decision and what is the
process?
* * * * *
(f) All documents submitted to the Board must be filed with the
Administrative Review Board in accordance with 29 CFR part 26.
Documents are not deemed filed with the Board until actually received
by the Board. All documents, including documents filed by mail, must be
received by the Board either on or before the due date.
* * * * *
PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT
EMPLOYMENT SERVICE
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9. The authority citation for part 658 continues to read as follows:
Authority: Secs. 189, 503, Pub. L. 113-128, 128 Stat. 1425
(Jul. 22, 2014); 29 U.S.C. chapter 4B.
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10. In Sec. 658.710, revise paragraph (d) to read as follows:
Sec. 658.710 Decision of the Administrative Law Judge.
* * * * *
(d) If the case involves the decertification of an appeal to the
SWA, the decision of the ALJ must contain a notice stating that, within
30 calendar days of the decision, the SWA or the Administrator may
appeal to the Administrative Review Board, United States Department of
Labor, by filing an appeal with the Administrative Review Board in
accordance with 29 CFR part 26.
PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE
INVESTMENT ACT
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11. The authority citation for part 667 continues to read as follows:
Authority: Subtitle C of Title I, Sec. 506(c), Pub. L. 105-220,
112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR
8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141,
3 CFR 2002 Comp., p. 258.
0
12. In Sec. 667.800, revise paragraph (d) to read as follows:
Sec. 667.800 What actions of the Department may be appealed to the
Office of Administrative Law Judges?
* * * * *
(d) A request for a hearing must be filed with the Chief
Administrative Law Judge, U.S. Department of Labor, in accordance with
29 CFR part 18, with one copy to the Departmental official who issued
the determination.
* * * * *
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13. In Sec. 667.830, revise paragraph (b) to read as follows:
Sec. 667.830 When will the Administrative Law Judge issue a
decision?
* * * * *
(b) The decision of the ALJ constitutes final agency action unless,
within 20 days of the decision, a party dissatisfied with the ALJ's
decision has filed a petition for review with the Administrative Review
Board (ARB) (established under Secretary's Order No. 01-2020),
specifically identifying the procedure, fact, law, or policy to which
exception is taken, in accordance with 29 CFR part 26. Any exception
not specifically urged is deemed to have been waived. A copy of the
petition for review must be sent to the opposing party at that time.
Thereafter, the decision of the ALJ constitutes final agency action
unless the ARB, within 30 days of the filing of the petition for
review, notifies the parties that the case has been accepted for
review. In any case accepted by the ARB, a decision must be issued by
the ARB within 180 days of acceptance. If a decision is not so issued,
the decision of the ALJ constitutes final agency action.
PART 683--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE
INNOVATION AND OPPORTUNITY ACT
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14. The authority citation for part 683 is revised to read as follows:
Authority: Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167,
169, 171, 181, 185, 186, 189, 195, 503, Public Law 113-128, 128
Stat. 1425 (Jul. 22, 2014).
0
15. In Sec. 683.800, revise paragraph (d) to read as follows:
Sec. 683.800 What actions of the Department may be appealed to the
Office of Administrative Law Judges?
* * * * *
(d) A request for a hearing must be filed with the Chief
Administrative Law Judge, U.S. Department of Labor, in accordance with
29 CFR part 18, with one copy to the Departmental official who issued
the determination.
* * * * *
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16. In Sec. 683.830, revise paragraph (b) to read as follows:
Sec. 683.830 When will the Administrative Law Judge issue a
decision?
* * * * *
(b) The decision of the ALJ constitutes final agency action unless,
within 20 days of the decision, a party dissatisfied with the ALJ's
decision has filed a petition for review with the Administrative Review
Board (ARB) (established under Secretary's Order No. 01-2020),
specifically identifying the procedure, fact, law, or policy to which
exception is taken, in accordance with 29 CFR part 26. Any exception
not specifically raised in the petition is deemed to have been waived.
A copy of the petition for review also must be sent to the opposing
party and if an applicant or recipient, to the Grant Officer and the
Grant Officer's Counsel at the time of filing. Unless the ARB, within
30 days of the filing of the petition for review, notifies the parties
that the case has been accepted for review, the decision of the ALJ
constitutes final agency action. In any case accepted by the ARB, a
decision must be issued by the ARB within 180 days of acceptance. If a
decision is not so issued, the decision of the ALJ constitutes final
agency action.
PART 726--BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE
OPERATOR'S INSURANCE
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17. The authority citation for part 726 is revised to read as follows:
Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq., 902(f), 925,
932, 933, 934, 936; 33 U.S.C. 901 et seq.; 28 U.S.C. 2461 note
(Federal Civil Penalties Inflation Adjustment Act of 1990 (as
amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015)); Pub. L. 114-74 at sec. 701;
Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-
2009, 74 FR 58834.
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18. In Sec. 726.308, revise paragraphs (a) and (b) to read as follows:
Sec. 726.308 Service and computation of time.
(a) Service of documents under this subpart while the matter is
before OWCP shall be made by delivery to the person, an officer of a
corporation, or attorney of record, or by mailing the document to the
last known address of the person, officer, or attorney. If service is
made by mail, it shall be considered complete upon mailing. Unless
otherwise provided in this subpart, service need not be made by
certified mail. If service is made by delivery, it shall be considered
complete upon actual receipt by the person, officer, or attorney; upon
leaving it at the person's, officer's, or attorney's office with a
clerk or person in charge; upon leaving it at a conspicuous place in
the office if no one is in charge; or by leaving it at the person's or
attorney's residence.
(b) Service made after a complaint is filed under Sec. 726.309
must be made in accordance with 29 CFR part 18, as appropriate. When
proceedings are initiated for review by the Administrative Review Board
under Sec. 726.314, service must be made in accordance with 29 CFR
part 26, as appropriate.
* * * * *
0
19. In Sec. 726.314, revise the section heading and paragraph (a) to
read as follows:
Sec. 726.314 Review by the Administrative Review Board.
(a) The Director or any party aggrieved by a decision of the
Administrative Law Judge may petition the Administrative Review Board
(Board) for review of the decision by filing a petition within 30 days
of the date on which the decision was issued. Any other party may file
a cross-petition for review within 15 days of its receipt of a petition
for review or within 30 days of the date on which the decision was
issued, whichever is later. Copies of any petition or cross-petition
shall be served on all parties and on the Chief Administrative Law
Judge.
* * * * *
0
20. Revise Sec. 726.316 to read as follows:
Sec. 726.316 Filing and service.
(a) Filing. All documents submitted to the Administrative Review
Board (Board) shall be filed in accordance with 29 CFR part 26.
(b) Computation of time for delivery by mail. Documents are not
deemed filed with the Board until actually received by the Board either
on or before the due date. No additional time shall be added where
service of a document requiring action within a prescribed time was
made by mail.
(c) Manner and proof of service. A copy of each document filed with
the Board shall be served upon all other parties involved in the
proceeding in accordance with 29 CFR part 26.
0
21. Revise Sec. 726.317 to read as follows:
Sec. 726.317 Discretionary review.
(a) Following receipt of a timely petition for review, the
Administrative
Review Board (Board) shall determine whether the decision warrants
review, and shall send a notice of such determination to the parties
and the Chief Administrative Law Judge. If the Board declines to review
the decision, the Administrative Law Judge's decision shall be
considered the final decision of the agency. The Board's determination
to review a decision by an Administrative Law Judge under this subpart
is solely within the discretion of the Board.
(b) The Board's notice shall specify:
(1) The issue or issues to be reviewed; and
(2) The schedule for submitting arguments, in the form of briefs or
such other pleadings as the Board deems appropriate.
(c) Upon receipt of the Board notice, the Director shall forward
the record to the Board.
0
22. Revise Sec. 726.318 to read as follows:
Sec. 726.318 Decision of the Administrative Review Board.
The Administrative Review Board's (Board) review shall be based
upon the hearing record. The findings of fact in the decision under
review shall be conclusive if supported by substantial evidence in the
record as a whole. The Board's review of conclusions of law shall be de
novo. Upon review of the decision, the Board may affirm, reverse,
modify, or vacate the decision, and may remand the case to the Office
of Administrative Law Judges for further proceedings. The Board's
decision shall be served upon all parties and the Chief Administrative
Law Judge in accordance with 29 CFR part 26.
Title 29: Labor
Office of the Secretary of Labor
PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
0
23. The authority citation for part 7 is revised to read as follows:
Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C.
301, 3 CFR, 1949-1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as
amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40
U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755; Secretary's Order
No. 01-2020, 85 FR 13186 (March 6, 2020).
0
24. Revise Sec. 7.3 to read as follows:
Sec. 7.3 Where to file.
The petition accompanied by a statement of service shall be filed
with the Administrative Review Board, U.S. Department of Labor, in
accordance with 29 CFR part 26. In addition, copies of the petition
shall be served upon each of the following:
(a) The Federal, State, or local agency, or agencies involved;
(b) The officer issuing the wage determination; and
(c) Any other person (or the authorized representatives of such
persons) known, or reasonably expected, to be interested in the subject
matter of the petition.
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25. Revise Sec. 7.7 to read as follows:
Sec. 7.7 Presentations of other interested persons.
Interested persons other than the petitioner shall have a
reasonable opportunity as specified by the Board in particular cases to
submit to the Board written data, views, or arguments relating to the
petition. Such matter should be filed with the Administrative Review
Board, U.S. Department of Labor, in accordance with 29 CFR part 26.
Copies of any such matter shall be served on the petitioner and other
interested persons.
0
26. In Sec. 7.9, revise paragraph (a) to read as follows:
Sec. 7.9 Review of decisions in other proceedings.
(a) Any party or aggrieved person shall have a right to file a
petition for review with the Board within a reasonable time from any
final decision in any agency action under part 1, 3, or 5 of this
subtitle.
* * * * *
0
27. Revise Sec. 7.12 to read as follows:
Sec. 7.12 Intervention; other participation.
(a) For good cause shown, the Board may permit any interested
person or party to intervene or otherwise participate in any proceeding
held by the Board. Except when requested orally before the Board, a
petition to intervene or otherwise participate shall be in writing and
shall state with precision and particularity:
(1) The petitioner's relationship to the matters involved in the
proceedings; and
(2) The nature of the presentation which he would make.
(b) Copies of the petition shall be served to all parties or
interested persons known to participate in the proceeding, who may
respond to the petition. Appropriate service shall be made of any
response.
0
28. Amend Sec. 7.16 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b);
0
c. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c); and
0
d. Revising newly redesignated paragraph (b).
The revisions read as follows:
Sec. 7.16 Filing and service.
(a) Filing. All papers submitted to the Board under this part shall
be filed with the Clerk of the Appellate Boards, U.S. Department of
Labor.
(b) Manner of service. Service under this part shall be by the
filing party or interested person and in accordance with 29 CFR part
26. Service by mail is complete on mailing.
* * * * *
PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
TO FEDERAL SERVICE CONTRACTS
0
29. The authority citation for part 8 is revised to read as follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86
Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14
of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357-359, 40
U.S.C. 327-332; Secretary's Order No. 01-2020, 85 FR 13186 (March 6,
2020).
0
30. Amend Sec. 8.10 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b);
0
c. Redesignating paragraphs (c), (d), and (e) as paragraphs (b), (c),
and (d); and
0
d. Revising newly redesignated paragraph (b).
The revisions read as follows:
Sec. 8.10 Filing and service.
(a) Filing. All papers submitted to the Board under this part shall
be filed with the Clerk of the Appellate Boards, U.S. Department of
Labor.
(b) Manner of service. Service under this part shall be in
accordance with 29 CFR part 26. Service by mail is complete on mailing.
For purposes of this part, filing is accomplished upon the day of
service, by mail or otherwise.
* * * * *
0
31. In Sec. 8.12, by revise the introductory text to read as follows:
Sec. 8.12 Intervention; other participation.
For good cause shown, the Board may permit any interested party to
intervene or otherwise participate in any proceeding held by the Board.
Except when requested orally before the Board, a petition to intervene
or otherwise participate shall be in writing and shall state with
precision and particularity:
* * * * *
PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
0
32. The authority citation for part 22 continues to read as follows:
Authority: Pub. L. 99-509, Sec. 6101-6104, 100 Stat. 1874, 31
U.S.C. 3801-3812.
0
33. In Sec. 22.2:
0
a. Redesignate paragraphs (b) through (r) as paragraphs (c) through
(s); and
0
b. Add new paragraph (b).
The addition reads as follows:
Sec. 22.2 Definitions
* * * * *
(b) ARB means the Administrative Review Board delegated to act as
the authorized representative of the Secretary of Labor in review or on
appeal of decisions and recommendations as provided in Secretary's
Order 01-2020 (or any successor to that order).
* * * * *
0
34. In Sec. 22.10, remove the words ``authority head'' and add in
their place the word ``ARB'' wherever they occur in paragraphs (h)
through (k) and revise paragraph (l).
The revision reads as follows:
Sec. 22.10 Default upon failure to file an answer.
* * * * *
(l) If the ARB decides that the defendant's failure to file a
timely answer is not excused, the ARB shall reinstate the initial
decision of the ALJ, which shall become final and binding upon the
parties 30 days after the ARB issues such decision and it becomes final
in accordance with Secretary's Order 01-2020 (or any successor to that
order).
0
35. In Sec. 22.12, revise paragraph (a) to read as follows:
Sec. 22.12 Notice of hearing.
(a) When the ALJ receives the complaint and answer, the ALJ shall
promptly serve a notice of hearing upon the defendant in the manner
prescribed by 29 CFR part 18. At the same time, the ALJ shall send a
copy of such notice to the representative for the Government.
* * * * *
0
36. In Sec. 22.14, revise paragraph (a)(2) to read as follows:
Sec. 22.14 Separation of functions.
(a) * * *
(2) Participate or advise in the initial decision or the review of
the initial decision by the ARB, except as a witness or a
representative in public proceedings; or
* * * * *
0
37. In Sec. 22.16, revise paragraph (f)(3) to read as follows:
Sec. 22.16 Disqualification of reviewing official or ALJ.
* * * * *
(f) * * *
(3) If the ALJ denies a motion to disqualify, the ARB may determine
the matter only as part of its review of the initial decision upon
appeal, if any.
0
38. In Sec. 22.26, revise paragraphs (b) and (c) to read as follows:
Sec. 22.26 Form, filing and service of papers.
* * * * *
(b) Service. A party filing a document with the ALJ shall, at the
time of filing, serve a copy of such document on every other party.
Service upon any party of any document other than those required to be
served as prescribed in Sec. 22.8 shall be made in accordance with 29
CFR part 18. When a party is represented by a representative, service
shall be made upon such representative in lieu of the actual party.
(c) Proof of service. A certificate of the individual serving the
document, setting forth the manner of service, shall be proof of
service.
Sec. 22.31 [Amended]
0
39. In Sec. 22.31, remove the words ``authority head'' and add in
their place the word ``ARB'' in paragraphs (a), (b) introductory text,
and (c).
0
40. In Sec. 22.35, revise paragraph (b) to read as follows:
Sec. 22.35 The record.
* * * * *
(b) The transcript of testimony, exhibits, and other evidence
admitted at the hearing, and all papers and requests filed in the
proceeding constitute the record for the decision by the ALJ, the ARB,
and the authority head.
* * * * *
0
41. In Sec. 22.37, revise paragraphs (c) and (d) to read as follows:
Sec. 22.37 Initial decision.
* * * * *
(c) The ALJ shall promptly serve the initial decision on all
parties within 90 days after the time for submission of post-hearing
briefs and reply briefs (if permitted) has expired. The ALJ shall at
the same time serve all parties with a statement describing the right
of any defendant determined to be liable for a civil penalty or
assessment to file a motion for reconsideration with the ALJ or a
notice of appeal with the ARB. If the ALJ fails to meet the deadline
contained in this paragraph, the ALJ shall notify the parties of the
reason for the delay and shall set a new deadline.
(d) Unless the initial decision of the ALJ is timely appealed to
the ARB, or a motion for reconsideration of the initial decision is
timely filed, the initial decision shall constitute the final decision
of the authority head and shall be final and binding on the parties 30
days after it is issued by the ALJ.
0
42. In Sec. 22.38, revise paragraphs (f) and (g) to read as follows:
Sec. 22.38 Reconsideration of initial decision.
* * * * *
(f) If the ALJ denies a motion for reconsideration, the initial
decision shall constitute the final decision of the authority head and
shall be final and binding on the parties 30 days after the ALJ denies
the motion, unless the initial decision is timely appealed to the ARB
in accordance with Sec. 22.39.
(g) If the ALJ issues a revised initial decision, that decision
shall constitute the final decision of the authority head and shall be
final and binding on the parties 30 days after it is issued, unless it
is timely appealed to the ARB in accordance with Sec. 22.39.
0
43. In Sec. 22.39, revise paragraphs (a), (b)(3), (c), (f), and (h)
through (l) to read as follows:
Sec. 22.39 Appeal to ARB.
(a) Any defendant who has filed a timely answer and who is
determined in an initial decision to be liable for a civil penalty or
assessment may appeal such decision to the ARB by filing a notice of
appeal with the ARB in accordance with this section and with 29 CFR
part 26.
(b) * * *
(3) The ARB may extend the initial 30-day period for an additional
30 days if the defendant files with the ARB a request for an extension
within the initial 30-day period and shows good cause.
(c) If the defendant files a timely notice of appeal with the ARB,
and the time for filing motions for reconsideration under Sec. 22.38
has expired, the ALJ shall forward the record of the proceeding to the
ARB.
* * * * *
(f) There is no right to appear personally before the ARB.
* * * * *
(h) In reviewing the initial decision, the ARB shall not consider
any objection that was not raised before the ALJ unless a demonstration
is made of extraordinary circumstances causing the failure to raise the
objection.
(i) If any party demonstrates to the satisfaction of the ARB that
additional evidence not presented at such hearing is material and that
there were
reasonable grounds for the failure to present such evidence at such
hearing, the ARB shall remand the matter to the ALJ for consideration
of such additional evidence.
(j) The ARB may affirm, reduce, reverse, compromise, remand, or
settle any penalty or assessment, determined by the ALJ in any initial
decision. The ARB's decision is subject to discretionary review by the
Secretary as provided in Secretary's Order 01-2020 (or any successor to
that order).
(k) The ARB shall promptly serve each party to the appeal with a
copy of the decision of the ARB and a statement describing the right of
any person determined to be liable for a penalty or assessment to seek
judicial review.
(l) Unless a petition for review is filed as provided in 31 U.S.C.
3805 after a defendant has exhausted all administrative remedies under
this part and within 60 days after the date on which the authority head
serves the defendant with a copy of the authority head's decision, a
determination that a defendant is liable under Sec. 22.3 is final and
is not subject to judicial review.
0
44. In Sec. 22.41, revise paragraph (a) to read as follows:
Sec. 22.41 Stay pending appeal.
(a) An initial decision is stayed automatically pending disposition
of a motion for reconsideration or of an appeal to the ARB.
* * * * *
PART 24--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL
STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974,
AS AMENDED
0
45. The authority citation for part 24 is revised to read as follows:
Authority: 15 U.S.C. 2622; 33 U.S.C. 1367; 42 U.S.C. 300j-
9(i)BVG, 5851, 6971, 7622, 9610; Secretary of Labor's Order No. 5-
2007, 72 FR 31160 (June 5, 2007); Secretary's Order No. 01-2020, 85
FR 13186 (March 6, 2020).
0
46. In Sec. 24.105, revise paragraph (b) to read as follows:
Sec. 24.105 Issuance of findings and orders.
* * * * *
(b) The findings and order will be sent by means that allow OSHA to
confirm delivery to all parties of record (and each party's legal
counsel if the party is represented by counsel). The findings and order
will inform the parties of their right to file objections and to
request a hearing and provide the address of the Chief Administrative
Law Judge. The Assistant Secretary will file a copy of the original
complaint and a copy of the findings and order with the Chief
Administrative Law Judge, U.S. Department of Labor.
* * * * *
0
47. In Sec. 24.106, revise paragraph (a) to read as follows:
Sec. 24.106 Objections to the findings and order and request for a
hearing.
(a) Any party who desires review, including judicial review, of the
findings and order must file any objections and/or a request for a
hearing on the record within 30 days of receipt of the findings and
order pursuant to Sec. 24.105(b). The objection and/or request for a
hearing must be in writing and state whether the objection is to the
findings and/or the order. The date of the postmark, facsimile
transmittal, email communication, or electronic submission will be
considered to be the date of filing; if the objection is filed in
person, by hand-delivery or other means, the objection is filed upon
receipt. Objections must be filed with the Chief Administrative Law
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and
copies of the objections must be served at the same time on 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.
* * * * *
0
48. In Sec. 24.107, revise paragraph (b) to read as follows:
Sec. 24.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or otherwise agreed to by the parties. Hearings will be conducted
de novo, on the record.
* * * * *
0
49. In Sec. 24.110, revise paragraphs (a) and (c) to read as follows:
Sec. 24.110 Decision and orders of the Administrative Review Board.
(a) Any party desiring to seek review, including judicial review,
of a decision of the ALJ must file a written petition for review with
the ARB, U.S. Department of Labor, in accordance with 29 CFR part 26.
The decision of the ALJ will become the final order of the Secretary
unless, pursuant to this section, a timely petition for review is filed
with the ARB and the ARB accepts the case for review. The parties
should identify in their petitions for review the legal conclusions or
orders to which they object, or the objections will ordinarily be
deemed waived. A petition must be filed within 10 business days of the
date of the decision of the ALJ. The date of the postmark, facsimile
transmittal, email communication, or electronic submission will be
considered to be the date of filing; if the petition is filed in
person, by hand-delivery or other means, the petition is considered
filed upon receipt. The petition must be served on all parties and on
the Chief Administrative Law Judge at the time it is filed with the
ARB. Copies of the petition for review and all briefs must be served on
the Assistant Secretary, Occupational Safety and Health Administration,
and on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.
* * * * *
(c) The final decision of the ARB will be issued within 90 days of
the filing of the complaint. The decision will be served upon all
parties and the Chief Administrative Law Judge. The final decision will
also be served on the Assistant Secretary, Occupational Safety and
Health Administration, and on the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor, even if the Assistant
Secretary is not a party.
* * * * *
0
50. Add part 26 to read as follows:
PART 26--ADMINISTRATIVE REVIEW BOARD RULES OF PRACTICE AND
PROCEDURE
Sec.
26.1 Purpose and scope.
26.2 General procedural matters.
26.3 Filing.
26.4 Service.
Authority: Secretary's Order 01-2020, 85 FR 13186 (March 6,
2020).
Sec. 26.1 Purpose and scope.
(a) This part contains the rules of practice of the Administrative
Review Board (ARB) when it is exercising its authority as described in
paragraph (b) of this section. These rules shall govern all appeals and
proceedings before the ARB except when inconsistent with a governing
statute, regulation, or executive order, in which event the latter
shall control.
(b) The ARB has authority to act as the authorized representative
of the Secretary of Labor in review or on appeal of decisions and
recommendations as provided in Secretary's Order 01-2020 (or any
successor to that order). The ARB shall act as fully and finally as the
Secretary of Labor concerning such matters, except as provided in
Secretary's Order 01-2020 (or any successor to that order).
Sec. 26.2 General procedural matters.
(a) Definitions. (1) ARB means the Administrative Review Board.
(2) Electronic case management system means the Department of
Labor's electronic filing and electronic service system for
adjudications.
(b) Computing time. (1) Unless a different time is set by statute,
regulation, executive order, or judge's order, when computing a time
period stated in days,
(i) Exclude the day of the event that triggers the period;
(ii) Count every day, including intermediate Saturdays, Sundays,
and legal holidays; and
(iii) Include the last day of the period, but if the last day is a
Saturday, Sunday, or legal holiday, the period continues to run until
the next day that is not a Saturday, Sunday, or legal holiday.
(2) Unless a different time is set by statute, regulation,
executive order, or judge's order, the ``last day'' ends:
(i) For electronic filing via the Department's electronic case
management system or via other electronic means, at 11:59:59 Eastern
Time on the due date.
(ii) For non-electronic filing, at the time the office of the Clerk
of the Appellate Boards is scheduled to close in Washington, DC on the
due date.
(c) Mailing address. The mailing address for the ARB is:
Administrative Review Board, Clerk of the Appellate Boards, U.S.
Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210.
Sec. 26.3 Filing.
(a) Filing by electronic submission (e-filing) via the Department's
electronic case management system--(1) Attorneys and lay
representatives. Except as otherwise provided in this section,
beginning on April 12, 2021, attorneys and lay representatives must
file all petitions, pleadings, exhibits, and other documents with the
ARB via the Department's electronic case management system. Paper
copies are not required unless requested by the ARB.
(2) Good cause exception. Attorneys and lay representatives may
request an exemption to e-filing for good cause shown. Such a request
must include a detailed explanation why e-filing or acceptance of e-
service should not be required.
(3) Self-represented persons. Self-represented persons may use but
are not required to use the Department's electronic case management
system to file documents.
(4) Filing--date of receipt. Unless a different time is set by
statute, regulation, executive order, or judge's order, a document is
considered filed when received by the Clerk of the Appellate Boards.
Documents filed through the Department's electronic case management
system are considered received by the Clerk of the Appellate Boards as
of the date and time recorded by the Department's electronic case
management system.
(5) Signing. A filing made through a registered user's account on
the Department's electronic case management system and authorized by
that person, together with that person's name on a signature block,
constitutes the person's signature.
(6) Relief for Technical Failures. A person who is adversely
affected by a technical failure in connection with filing or receipt of
an electronic document may seek appropriate relief from the ARB. If a
technical malfunction or other issue prevents access to the
Department's case management system for a protracted period, the ARB by
special order may provide appropriate relief pending restoration of
electronic access.
(b) Alternate methods of filing. Unless a different time is set by
statute, regulation, executive order, or judge's order, a document
filed using a method other than the Department's electronic case
management system is considered filed when received by the Clerk of the
Appellate Boards.
Sec. 26.4 Service.
(a) Electronic service. Electronic service may be completed by
(1) Electronic mail, if consented to in writing by the person
served; or
(2) Sending it to a user registered with the Department's
electronic case management system by filing via this system. A person
who registers to use the Department's case management system is deemed
to have consented to accept service through the system.
(b) Non-electronic service. Unless otherwise provided by statute,
regulation, executive order, or judge's order, non-electronic service
may be completed by:
(1) Personal delivery;
(2) Mail; or
(3) Commercial delivery.
(c) When service is effected. Unless otherwise provided by statute,
regulation, executive order, or judge's order,
(1) Service by personal delivery is effected on the date the
document is delivered to the recipient.
(2) Service by mail or commercial carrier is effected on mailing or
delivery to the carrier.
(3) Service by electronic means is effected on sending.
PART 29--LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP
PROGRAMS
0
51. The authority citation for part 29 is revised to read as follows:
Authority: Section 1, 50 Stat. 664, as amended (29 U.S.C. 50;
40 U.S.C. 3145; 5 U.S.C. 301) Reorganization Plan No. 14 of 1950, 64
Stat. 1267 (5 U.S.C. App. P. 534).
0
52. In Sec. 29.10, revise paragraphs (a) introductory text and (c) to
read as follows:
Sec. 29.10 Hearings for deregistration.
(a) Within 10 days of receipt of a request for a hearing, the
Administrator of the Office of Apprenticeship must contact the
Department's Office of Administrative Law Judges to request the
designation of an Administrative Law Judge to preside over the hearing.
The Administrative Law Judge shall give reasonable notice of such
hearing to the appropriate sponsor. Such notice will include:
* * * * *
(c) The Administrative Law Judge should issue a written decision
within 90 days of the close of the hearing record. The Administrative
Law Judge's decision constitutes final agency action unless, within 15
days from receipt of the decision, a party dissatisfied with the
decision files a petition for review with the Administrative Review
Board in accordance with 29 CFR part 26, specifically identifying the
procedure, fact, law, or policy to which exception is taken. Any
exception not specifically urged is deemed to have been waived. A copy
of the petition for review must be served on the opposing party at the
same time in accordance with 29 CFR part 26. Thereafter, the decision
of the Administrative Law Judge remains final agency action unless the
Administrative Review Board, within 30 days of the filing of the
petition for review, notifies the parties that it has accepted the case
for review. The Administrative Review Board may set a briefing schedule
or decide the matter on the record. The Administrative Review Board
must issue a decision in any case it accepts for review within 180 days
of the close of the record. If a decision is not so issued, the
Administrative Law Judge's decision constitutes final agency action.
0
53. In Sec. 29.13, revise paragraph (g) introductory text and
paragraph (g)(3) to read as follows:
Sec. 29.13 Recognition of State Apprenticeship Agencies.
* * * * *
(g) Denial of State apprenticeship agency recognition. A denial by
the Office of Apprenticeship of a State Apprenticeship Agency's
application for new or continued recognition must be in writing and
must set forth the reasons for denial. The notice must be sent by
certified mail, return receipt requested. In addition to the reasons
stated for the denial, the notice must specify the remedies which must
be undertaken prior to consideration of a resubmitted request, and must
state that a request for administrative review of a denial of
recognition may be made within 30 calendar days of receipt of the
notice of denial from the Department. Such request must be filed with
the Chief Administrative Law Judge for the Department in accordance
with 29 CFR part 18. Within 30 calendar days of the filing of the
request for review, the Administrator must prepare an administrative
record for submission to the Administrative Law Judge designated by the
Chief Administrative Law Judge.
* * * * *
(3) Within 20 days of the receipt of the recommended decision, any
party may file exceptions. Any party may file a response to the
exceptions filed by another party within 10 days of receipt of the
exceptions. All exceptions and responses must be filed with the
Administrative Review Board with copies served on all parties and amici
curiae in accordance with 29 CFR part 26.
* * * * *
PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998
(WIA)
0
54. The authority citation for part 37 continues to read as follows:
Authority: Sections 134(b), 136(d)(2)(F), 136(e), 172(a),
183(c), 185(d)(1)(E), 186, 187 and 188 of the Workforce Investment
Act of 1998, 29 U.S.C. 2801, et seq.; Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C. 2000d, et seq.; Section 504 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; the Age
Discrimination Act of 1975, as amended, 42 U.S.C. 6101; Title IX of
the Education Amendments of 1972, as amended, 29 U.S.C. 1681;
Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; and
Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258.
0
55. In Sec. 37.111, revise paragraph (b)(2) introductory text to read
as follows:
Sec. 37.111 What hearing procedures does the Department follow?
* * * * *
(b) * * *
(2) To request a hearing, the grant applicant or recipient must
file a written answer to the Final Determination or Notification of
Breach of Conciliation Agreement, and a copy of the Final Determination
or Notification of Breach of Conciliation Agreement, with the Office of
the Administrative Law Judges in accordance with 29 CFR part 18.
* * * * *
0
56. Revise Sec. 37.112 to read as follows:
Sec. 37.112 What procedures for initial and final decisions does the
Department follow?
(a) Initial decision. After the hearing, the Administrative Law
Judge must issue an initial decision and order, containing findings of
fact and conclusions of law. The initial decision and order must be
served on all parties in accordance with 29 CFR part 18.
(b) Exceptions; final decision--(1) Final decision after a hearing.
The initial decision and order becomes the Final Decision and Order of
the Secretary unless exceptions are filed by a party or, in the absence
of exceptions, the Administrative Review Board (Board) serves notice
that it will review the decision.
(i) A party dissatisfied with the initial decision and order may,
within 45 days of receipt, file with the Board and serve on the other
parties to the proceedings and on the Administrative Law Judge,
exceptions to the initial decision and order or any part thereof, in
accordance with 29 CFR part 26.
(ii) Upon receipt of exceptions, the Administrative Law Judge must
index and forward the record and the initial decision and order to the
Board within three days of such receipt.
(iii) A party filing exceptions must specifically identify the
finding or conclusion to which exception is taken. Any exception not
specifically urged is waived.
(iv) Within 45 days of the date of filing such exceptions, a reply,
which must be limited to the scope of the exceptions, may be filed and
served by any other party to the proceeding.
(v) Requests for extensions for the filing of exceptions or replies
must be received by the Board no later than 3 days before the
exceptions or replies are due.
(vi) If no exceptions are filed, the Board may, within 30 days of
the expiration of the time for filing exceptions, on its own motion
serve notice on the parties that it will review the decision.
(vii) Final decision and order.
(A) Where exceptions have been filed, the initial decision and
order of the Administrative Law Judge becomes the Final Decision and
Order of the Secretary unless the Board, within 30 days of the
expiration of the time for filing exceptions and replies, has notified
the parties that the case is accepted for review.
(B) Where exceptions have not been filed, the initial decision and
order of the Administrative Law Judge becomes the Final Decision and
Order of the Secretary unless the Board has served notice on the
parties that it will review the decision, as provided in paragraph
(b)(1)(vi) of this section.
(viii) In any case reviewed by the Board under this paragraph, a
decision must be issued within 180 days of the notification of such
review. If the Board fails to issue a Decision and Order within the
180-day period, the initial decision and order of the Administrative
Law Judge becomes the Final Decision and Order of the Secretary.
(2) Final Decision where a hearing is waived. (i) If, after
issuance of a Final Determination under Sec. 37.100 or Notification of
Breach of Conciliation Agreement under Sec. 37.104, voluntary
compliance has not been achieved within the time set by this part and
the opportunity for a hearing has been waived as provided for in Sec.
37.111(b)(4), the Final Determination or Notification of Breach of
Conciliation Agreement becomes the Final Decision of the Secretary.
(ii) When a Final Determination or Notification of Breach of
Conciliation Agreement becomes the Final Decision of the Secretary, the
Secretary may, within 45 days, issue an order terminating or denying
the grant or continuation of assistance or imposing other appropriate
sanctions for the grant applicant or recipient's failure to comply with
the required corrective and/or remedial actions, or referring the
matter to the Attorney General for further enforcement action.
PART 38--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY
ACT
0
57. The authority citation for part 38 continues to read as follows:
Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C. 2000d et seq.; 29
U.S.C. 794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq.
0
58. In Sec. 38.111, revise paragraph (b)(2) introductory text to read
as follows:
Sec. 38.111 Hearing procedures.
* * * * *
(b) * * *
(2) To request a hearing, the grant applicant or recipient must
file a written answer to the Final Determination or Notification of
Breach of Conciliation Agreement, and a copy of the Final Determination
or Notification of Breach of Conciliation Agreement, with the Office of
the Administrative Law Judges in accordance with 29 CFR part 18.
* * * * *
0
59. In Sec. 38.112, revise paragraphs (a) and (b)(1)(i) and (iv) to
read as follows:
Sec. 38.112 Initial and final decision procedures.
(a) Initial decision. After the hearing, the Administrative Law
Judge must issue an initial decision and order, containing findings of
fact and conclusions of law. The initial decision and order must be
served on all parties.
(b) * * *
(1) * * *
(i) Exceptions. A party dissatisfied with the initial decision and
order may, within 45 days of receipt, file with the Administrative
Review Board and serve on the other parties to the proceedings and on
the Administrative Law Judge, exceptions to the initial decision and
order or any part thereof, in accordance with 29 CFR part 26.
* * * * *
(iv) Reply. Within 45 days of the date of filing such exceptions, a
reply, which must be limited to the scope of the exceptions, may be
filed and served by any other party to the proceeding in accordance
with 29 CFR part 26.
* * * * *
PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER
AGREEMENTS
0
60. The authority citation for part 96 continues to read as follows:
Authority: 31 U.S.C. 7501 et seq. and OMB Circular No. A-133, as
amended.
0
61. In Sec. 96.63, revise paragraphs (b)(1)(i) and (b)(4) to read as
follows:
Sec. 96.63 Federal financial assistance.
* * * * *
(b) * * *
(1) * * *
(i) Request for hearing. Within 21 days of receipt of the grant
officer's final determination, the recipient may file a request for
hearing with the Chief Administrative Law Judge, United States
Department of Labor, with a copy to the grant officer who signed the
final determination. The Chief Administrative Law Judge shall designate
an administrative law judge to hear the appeal.
* * * * *
(4) Filing exceptions to decision. The decision of the
administrative law judge shall constitute final action by the Secretary
of Labor, unless, within 21 days after receipt of the decision of the
administrative law judge, a party dissatisfied with the decision or any
part thereof has filed exceptions with the Administrative Review Board
(the Board), specifically identifying the procedure or finding of fact,
law, or policy with which exception is taken, in accordance with 29 CFR
part 26. Any exceptions not specifically urged shall be deemed to have
been waived. Thereafter, the decision of the administrative law judge
shall become the decision of the Secretary, unless the Board, within 30
days of such filing, has notified the parties that the case has been
accepted for review.
* * * * *
Office of Labor-Management Standards
PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION
OFFICERS
0
62. The authority for part 417 continues to read as follows:
Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481,
482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012;
Secretary's Order No. 01-2020, 85 FR 13186 (March 6, 2020).
0
63. In Sec. 417.14, revise paragraph (a) to read as follows:
Sec. 417.14 Form and time for filing of appeal with the
Administrative Review Board.
(a) An interested person may appeal from the Administrative Law
Judge's initial decision by filing written exceptions with the
Administrative Review Board within 15 days of the issuance of the
Administrative Law Judge's initial decision (or such additional time as
the Administrative Review Board may allow), together with supporting
reasons for such exceptions, in accordance with 29 CFR part 26. Blanket
appeals shall not be received. Impertinent or scandalous matter may be
stricken by the Administrative Review Board, or an appeal containing
such matter or lacking in specification of exceptions may be dismissed.
* * * * *
0
64. Revise Sec. 417.15 to read as follows:
Sec. 417.15 Decision of the Administrative Review Board.
Upon appeal filed with the Administrative Review Board pursuant to
Sec. 417.14, or within its discretion upon its own motion, the
complete record of the proceedings shall be certified to it; it shall
notify all interested persons who participated in the proceedings; and
it shall review the record, the exceptions filed and supporting
reasons, and shall issue a decision as to the adequacy of the
constitution and bylaws for the purpose of removing officers, or shall
order such further proceedings as it deems appropriate. Its decision
shall become a part of the record and shall include a statement of its
findings and conclusions, as well as the reasons or basis therefor,
upon all material issues.
PART 458--STANDARDS OF CONDUCT
0
65. The authority for part 458 is revised to read as follows:
Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107,
4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 03-2012, 77
FR 69376, November 16, 2012; Secretary's Order No. 01-2020, 85 FR
13186 (March 6, 2020).
0
66. In Sec. 458.88, revise paragraph (c) to read as follows:
Sec. 458.88 Submission of the Administrative Law Judge's recommended
decision and order to the Administrative Review Board; exceptions.
* * * * *
(c) Exceptions to the Administrative Law Judge's recommended
decision and order may be filed by any party with the Administrative
Review Board within fifteen (15) days after service of the recommended
decision and order, in accordance with 29 CFR part 26. The
Administrative Review Board may for good cause shown extend the time
for filing such exceptions. Requests for additional time in which to
file exceptions shall be in writing, and copies thereof shall be served
on the other parties. Requests for extension of time must be received
no later than three (3) days before the date the exceptions are due.
Copies of such exceptions and any supporting briefs shall be served on
all other parties, and a statement of such service shall be furnished
to the Administrative Review Board.
0
67. In Sec. 458.90, revise paragraph (a) introductory text to read as
follows:
Sec. 458.90 Briefs in support of exceptions.
(a) Any brief in support of exceptions shall be filed in accordance
with 29 CFR
part 26, contain only matters included within the scope of the
exceptions, and contain, in the order indicated, the following:
* * * * *
Wage and Hour Division
PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
0
68. The authority for part 500 continues to read as follows:
Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872);
Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
2014); 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation
Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584.
0
69. In Sec. 500.20, revise paragraph (b) to read as follows:
Sec. 500.20 Definitions.
* * * * *
(b) Administrative Law Judge means a person appointed as provided
in title 5 U.S.C. and qualified to preside at hearings under 5 U.S.C.
557. Chief Administrative Law Judge means the Chief Administrative Law
Judge, United States Department of Labor.
* * * * *
0
70. In Sec. 500.263, revise the section heading and introductory text
to read as follows:
Sec. 500.263 Authority of the Administrative Review Board.
The Administrative Review Board may modify or vacate the Decision
and Order of the Administrative Law Judge whenever it concludes that
the Decision and Order:
* * * * *
0
71. In Sec. 500.264, revise paragraph (a) to read as follows:
Sec. 500.264 Procedures for initiating review.
(a) Within twenty (20) days after the date of the decision of the
Administrative Law Judge, the respondent, the Administrator, or any
other party desiring review thereof, may file with the Administrative
Review Board (Board) a petition for issuance of a Notice of Intent as
described under Sec. 500.265. The petition shall be in writing and
shall contain a concise and plain statement specifying the grounds on
which review is sought. A copy of the Decision and Order of the
Administrative Law Judge shall be attached to the petition.
* * * * *
0
72. Revise 500.265 to read as follows:
Sec. 500.265 Implementation by the Administrative Review Board.
(a) Whenever, on the Administrative Review Board's (Board) own
motion or upon acceptance of a party's petition, the Board believes
that a Decision and Order may warrant modifying or vacating, the Board
shall issue a Notice of Intent to modify or vacate.
(b) The Notice of Intent to Modify or Vacate a Decision and Order
shall specify the issue or issues to be considered, the form in which
submission shall be made (i.e., briefs, oral argument, etc.), and the
time within which such presentation shall be submitted. The Board shall
closely limit the time within which the briefs must be filed or oral
presentations made, so as to avoid unreasonable delay.
(c) The Notice of Intent shall be issued within thirty (30) days
after the date of the Decision and Order in question.
(d) Service of the Notice of Intent shall be made upon each party
to the proceeding, and upon the Chief Administrative Law Judge, in
accordance with 29 CFR part 26.
0
73. Revise Sec. 500.266 to read as follows:
Sec. 500.266 Responsibility of the Office of Administrative Law
Judges.
Upon receipt of the Administrative Review Board's (Board) Notice of
Intent to Modify or Vacate a Decision and Order of an Administrative
Law Judge, the Chief Administrative Law Judge shall, within fifteen
(15) days, index, certify, and forward a copy of the complete hearing
record to the Board.
0
74. Revise Sec. 500.267 to read as follows:
Sec. 500.267 Filing and service.
(a) Filing. All documents submitted to the Administrative Review
Board (Board) shall be filed in accordance with 29 CFR part 26.
(b) Computation of time for delivery. Documents are not deemed
filed with the Board until actually received by that office. All
documents, including documents filed by mail, must be received by the
Board either on or before the due date.
(c) Manner and proof of service. A copy of all documents filed with
the Board shall be served upon all other parties involved in the
proceeding. Service under this section shall be in accordance with 29
CFR part 26.
0
75. Revise Sec. 500.268 to read as follows:
Sec. 500.268 Decision of the Administrative Review Board.
(a) The Administrative Review Board's (Board) Decision and Order
shall be issued within 120 days from the notice of intent granting the
petition, except that in cases involving the review of an
Administrative Law Judge decision in a certificate action as described
in Sec. 500.224(b), the Board's decision shall be issued within ninety
(90) days from the date such notice. The Board's Decision and Order
shall be served upon all parties and the Chief Administrative Law
Judge, in accordance with 29 CFR part 26.
(b) Upon receipt of an Order of the Board modifying or vacating the
Decision and Order of an Administrative Law Judge, the Chief
Administrative Law Judge shall substitute such Order for the Decision
and Order of the Administrative Law Judge.
(c) The Board's decision is subject to discretionary review by the
Secretary as provided in Secretary's Order 01-2020 (or any successor to
that order).
PART 525 EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL
CERTIFICATES
0
76. The authority citation for part 525 continues to read as follows:
Authority: 52 Stat. 1060, as amended (29 U.S.C. 201-219); Pub.
L. 99-486, 100 Stat. 1229 (29 U.S.C. 214).
0
77. In Sec. 525.22, revise paragraphs (e) through (h) to read as
follows:
Sec. 525.22 Employee's right to petition.
* * * * *
(e) The ALJ shall issue a decision within 30 days after the
termination of the hearing and shall serve the decision on the
Administrator and all interested parties in accordance with 29 CFR part
18. The decision shall contain appropriate findings and conclusions and
an order. If the ALJ finds that the special minimum wage being paid or
which has been paid is not justified, the order shall specify the
lawful rate and the period of employment to which the rate is
applicable. In the absence of evidence sufficient to support the
conclusion that the proper wage should be less than the minimum wage,
the ALJ shall order that the minimum wage be paid.
(f) Within 15 days after the date of the decision of the ALJ, the
petitioner, the Administrator, or the employer who seeks review thereof
may request review by the Administrative Review Board (Board). The
request must be filed in accordance with 29 CFR part 26 and must
include a copy of the ALJ's
decision. Any other interested party may file a reply thereto with the
Board and the Administrator within 5 working days of receipt of such
request for review. The request for review and reply thereto shall be
transmitted by the Administrator to all interested parties by a method
guaranteeing one-day delivery.
(g) The decision of the ALJ shall be deemed to be final agency
action 30 days after issuance thereof, unless within 30 days of the
date of the decision the Board grants a request to review the decision.
Where such request for review is granted, within 30 days after receipt
of such request the Board shall review the record and shall either
adopt the decision of the ALJ or issue exceptions. The decision of the
ALJ, together with any exceptions issued by the Board, shall be deemed
to be a final agency action, unless the Secretary exercises
discretionary review over the decision and exceptions as provided in
Secretary's Order 01-2020 (or any successor to that order).
(h) Within 30 days of issuance of the decision of the ALJ, ARB, or
Secretary becoming a final action, any person adversely affected or
aggrieved by such action may seek judicial review pursuant to chapter 7
of title 5, United States Code. The record of the case, including the
record of proceedings before the ALJ, shall be transmitted by the Board
to the appropriate court pursuant to the rules of such court.
PART 530 EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
0
78. The authority citation for part 530 continues to read as follows:
Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by
sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-
2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461
note (Federal Civil Penalties Inflation Adjustment Act of 1990);
Pub. L. 114-74 at Sec. 701, 129 Stat 584.
0
79. In Sec. 530.403, revise paragraph (c) to read as follows:
Sec. 530.403 Request for hearing.
* * * * *
(c) In the case of an emergency revocation, a request for an
administrative hearing shall be filed with the Chief Administrative Law
Judge in accordance with 29 CFR part 18, and must be received no later
than 20 days after the issuance of the notice referred to in Sec.
530.402 of this subpart.
0
80. In Sec. 530.406, revise paragraph (c) to read as follows:
Sec. 530.406 Decision and order of Administrative Law Judge.
* * * * *
(c) The decision shall be served on all parties and the Secretary.
The decision when served by the Administrative Law Judge shall
constitute the final order of the Department of Labor unless the
Administrative Review Board, as provided for in Sec. 530.407 of this
subpart, determines to review the decision.
Sec. 530.407 [Amended]
0
81. In Sec. 530.407, remove the word ``Secretary'' wherever it occurs
and add in its place the words ``Administrative Review Board''.
Sec. 530.408 [Amended]
0
82. In Sec. 530.408, remove the word ``Secretary'' wherever it occurs
and add in its place the words ``Administrative Review Board''.
0
83. Revise Sec. 530.409 to read as follows:
Sec. 530.409 Decision of the Secretary.
The Administrative Review Board's decision shall be served upon all
parties and the Administrative Law Judge. The Administrative Review
Board's decision is subject to discretionary review by the Secretary as
provided in Secretary's Order 01-2020 (or any successor to that order).
0
84. In Sec. 530.411, revise paragraphs (c), (d), and (f) to read as
follows:
Sec. 530.411 Emergency certificate revocation procedures.
* * * * *
(c) The Office of Administrative Law Judges shall notify the
parties, electronically or at their last known address, of the date,
time, and place for the hearing, which shall be no more than 60 days
from the date of receipt of the request for the hearing. All parties
shall be given at least 5 days' notice of such hearing. No requests for
postponement shall be granted except for compelling reasons.
(d) The Administrative Law Judge shall issue a decision pursuant to
Sec. 530.406 of this subpart within 30 days after the termination of a
proceeding at which evidence was submitted. The decision shall be
served on all parties and the Administrative Review Board (``Board'')
and shall constitute the final order of the Department of Labor unless
the Board determines to review the decision.
* * * * *
(f) The Board's decision shall be issued within 60 days of the
notice by the Board accepting the submission, and shall be served upon
all parties and the Administrative Law Judge. The Board's decision is
subject to discretionary review by the Secretary as provided in
Secretary's Order 01-2020 (or any successor to that order).
PART 580 CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND
CONTESTING PENALTIES
0
85. The authority citation for part 580 continues to read as follows:
Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; Reorg.
Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88
Stat. 72, 76; Secretary's Order 01-2014 (Dec. 19, 2014), 79 FR 77527
(Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat. 938.
0
86. In Sec. 580.8, revise paragraphs (a) and (c) to read as follows:
Sec. 580.8 Service and computation of time.
(a) Service of documents under this subpart shall be made to the
individual, an officer of a corporation, or attorney of record in
accordance with 29 CFR part 18.
* * * * *
(c) Time will be computed in accordance with part 18.
0
87. In Sec. 580.13, revise paragraphs (b) and (d) to read as follows:
Sec. 580.13 Procedures for appeals to the Administrative Review
Board.
* * * * *
(b) All documents submitted to the Board shall be filed with the
Administrative Review Board in accordance with 29 CFR part 26.
* * * * *
(d) A copy of each document filed with the Board shall be served
upon all other parties involved in the proceeding in accordance with 29
CFR part 26. Service by mail is deemed effected at the time of mailing
to the last known address of the party.
0
88. Revise Sec. 580.16 to read as follows:
Sec. 580.16 Decision of the Administrative Review Board.
The Board's decision shall be served upon all parties and the Chief
Administrative Law Judge.
Occupational Safety and Health Administration
PART 1978--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE
TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED
0
89. The authority citation for part 1978 is revised to read as follows:
Authority: 49 U.S.C. 31101 and 31105; Secretary's Order 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-
2020, 85 FR 13186 (March 6, 2020).
0
90. In Sec. 1978.105, revise paragraph (b) to read as follows:
Sec. 1978.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
the order and to request a hearing. The findings and, where
appropriate, the preliminary order also will give the address of the
Chief Administrative Law Judge, U.S. Department of Labor, or
appropriate information regarding filing objections electronically with
the Office of Administrative Law Judges. At the same time, the
Assistant Secretary will file with the Chief Administrative Law Judge a
copy of the original complaint and a copy of the findings and/or order.
* * * * *
0
91. In Sec. 1978.106, revise paragraph (a) to read as follows:
Sec. 1978.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, must
file any objections and a request for a hearing on the record within 30
days of receipt of the findings and preliminary order pursuant to Sec.
1978.105(c). The objections and request for a hearing must be in
writing and state whether the objections are to the findings and/or the
preliminary order. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record and the OSHA official who
issued the findings.
* * * * *
0
92. In Sec. 1978.107, revise paragraph (b) to read as follows:
Sec. 1978.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. Administrative law judges have broad
discretion to limit discovery in order to expedite the hearing.
* * * * *
0
93. In Sec. 1978.110, revise paragraph (c) to read as follows:
Sec. 1978.110 Decisions and orders of the Administrative Review Board
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision also will be served on the Assistant Secretary,
and on the Associate Solicitor, Division of Occupational Safety and
Health, U.S, Department of Labor, even if the Assistant Secretary is
not a party.
* * * * *
PART 1979--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS
UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND
REFORM ACT FOR THE 21ST CENTURY
0
94. The authority citation for part 1979 is revised to read as follows:
Authority: 49 U.S.C. 42121; Secretary's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR
13186 (March 6, 2020).
0
95. In Sec. 1979.105, revise paragraph (b) to read as follows:
Sec. 1979.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and the preliminary order will be sent by means
that allow OSHA to confirm delivery to all parties of record. The
letter accompanying the findings and order will inform the parties of
their right to file objections and to request a hearing, and of the
right of the named person to request attorney's fees from the
administrative law judge, regardless of whether the named person has
filed objections, if the named person alleges that the complaint was
frivolous or brought in bad faith. The letter also will give the
address of the Chief Administrative Law Judge or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge, U.S. Department of
Labor, a copy of the original complaint and a copy of the findings and
order.
* * * * *
0
96. In Sec. 1979.106, revise paragraph (a) to read as follows:
Sec. 1979.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a named person alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney's fees, 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 Sec. 1979.105(b). The objection or
request for attorney's fees and request for a hearing must be in
writing and state whether the objection is to the findings, the
preliminary order, and/or whether there should be an award of
attorney's fees. The date of the postmark, facsimile transmittal, or
electronic transmittal will be considered to be the date of filing; if
the objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, the OSHA official who issued
the findings and order, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
97. In Sec. 1979.107, revise paragraph (b) to read as follows:
Sec. 1979.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties.
Hearings will be conducted as hearings de novo, on the record.
Administrative law judges shall have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
98. In Sec. 1979.110, revise paragraphs (a) and (c) to read as
follows:
Sec. 1979.110 Decision and orders of the Administrative Review Board.
(a) Any party desiring to seek review, including judicial review,
of a decision of the administrative law judge, or a named person
alleging that the complaint was frivolous or brought in bad faith who
seeks an award of attorney's fees, must file a written petition for
review with the Administrative Review Board (``the Board''). The
decision of the Administrative Law Judge shall become the final order
of the Secretary unless, pursuant to this section, a petition for
review is timely filed with the Board. The petition for review must
specifically identify the findings, conclusions, or orders to which
exception is taken. Any exception not specifically urged ordinarily
shall be deemed to have been waived by the parties. To be effective, a
petition must be filed within ten business days of the date of the
decision of the Administrative Law Judge. The date of the postmark,
facsimile transmittal, or electronic transmittal will be considered to
be the date of filing; if the petition is filed in person, by hand-
delivery or other means, the petition is considered filed upon receipt.
The petition must be served on all parties and on the Chief
Administrative Law Judge at the time it is filed with the Board. Copies
of the petition for review and all briefs must be served on the
Assistant Secretary, Occupational Safety and Health Administration, and
on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.
* * * * *
(c) The decision of the Board shall be issued within 120 days of
the conclusion of the hearing, which shall be deemed to be the
conclusion of all proceedings before the Administrative Law Judge--
i.e., 10 business days after the date of the decision of the
Administrative Law Judge unless a motion for reconsideration has been
filed with the Administrative Law Judge in the interim. The decision
will be served upon all parties and the Chief Administrative Law Judge.
The decision will also be served on the Assistant Secretary,
Occupational Safety and Health Administration, and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor,,
even if the Assistant Secretary is not a party.
* * * * *
PART 1980--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED
0
99. The authority citation for part 1980 is revised to read as follows:
Authority: 18 U.S.C. 1514A, as amended by the Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203
(July 21, 2010); Secretary of Labor's Order No. 01-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020, 85
FR 13186 (March 6, 2020).
0
100. In Sec. 1980.105, revise paragraph (b) to read as follows:
Sec. 1980.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings, and where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings, and where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the
administrative law judge (ALJ) regardless of whether the respondent has
filed objections, if the complaint was frivolous or brought in bad
faith. The findings, and where appropriate, the preliminary order, also
will give the address of the Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate information regarding filing
objections electronically with the Office of Administrative Law Judges.
At the same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
101. In Sec. 1980.106, revise paragraph (a) to read as follows:
Sec. 1980.106 Objections to the findings and the preliminary order
and request for a heading.
(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 the Act, 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 Sec. 1980.105(b). The objections
and/or request for a hearing must be in writing and state whether the
objections are to the findings and/or the preliminary order, and/or
whether there should be an award of attorney fees. The date of the
postmark, facsimile transmittal, or electronic transmittal is
considered the date of filing; if the objection is filed in person, by
hand-delivery or other means, the objection is filed upon receipt.
Objections must be filed with the Chief Administrative Law Judge, U.S.
Department of Labor, in accordance with 29 CFR part 18, and copies of
the objections must be served at the same time on 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.
* * * * *
0
102. In Sec. 1980.107, revise paragraph (b) to read as follows:
Sec. 1980.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo, on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
103. In Sec. 1980.110, revise paragraph (c) to read as follows:
Sec. 1980.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB shall be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ unless a motion for reconsideration has
been filed with the ALJ in the interim. In such case, the conclusion of
the hearing is the date the motion for reconsideration is ruled upon or
14 days after a new decision is issued. The ARB's decision will be
served upon all parties and the Chief Administrative Law Judge. The
decision will also be served on the Assistant Secretary and on the
Associate Solicitor, Division of Fair Labor Standards, even if the
Assistant Secretary is not a party.
* * * * *
PART 1981--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS
UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002
0
104. The authority citation for Part 1981 is revised to read as
follows:
Authority: 49 U.S.C. 60129; Secretary's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR
13186 (March 6, 2020).
0
105. In Sec. 1981.105, revise paragraph (b) to read as follows:
Sec. 1981.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and the preliminary order will be sent by means
that allow OSHA to confirm delivery to all parties of record. The
letter accompanying the findings and order will inform the parties of
their right to file objections and to request a hearing, and of the
right of the named person to request attorney's fees from the
administrative law judge, regardless of whether the named person has
filed objections, if the named person alleges that the complaint was
frivolous or brought in bad faith. The letter also will give the
address of the Chief Administrative Law Judge or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge, U.S. Department of
Labor, a copy of the original complaint and a copy of the findings and
order.
* * * * *
0
106. In Sec. 1981.106, revise paragraph (a) to read as follows:
Sec. 1981.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a named person alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney's fees, must file any objections and/or a request for a
hearing on the record within 60 days of receipt of the findings and
preliminary order pursuant to Sec. 1981.105(b). The objection or
request for attorney's fees and request for a hearing must be in
writing and state whether the objection is to the findings, the
preliminary order, and/or whether there should be an award of
attorney's fees. The date of the postmark, facsimile transmittal, or
electronic transmittal will be considered to be the date of filing; if
the objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, the OSHA official who issued
the findings and order, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor.
* * * * *
0
107. In Sec. 1981.107, revise paragraph (b) to read as follows:
Sec. 1981.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to a judge who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo, on the record. Administrative law judges have broad
discretion to limit discovery in order to expedite the hearing.
* * * * *
0
108. In Sec. 1981.110, revise paragraph (c) to read as follows:
Sec. 1981.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the Board shall be issued within 90 days of the
conclusion of the hearing, which will be deemed to be the conclusion of
all proceedings before the Administrative Law Judge--i.e., 10 business
days after the date of the decision of the Administrative Law Judge
unless a motion for reconsideration has been filed with the
Administrative Law Judge in the interim. The decision will be served
upon all parties and the Chief Administrative Law Judge. The decision
will also be served on the Assistant Secretary, Occupational Safety and
Health Administration, and on the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor, even if the Assistant
Secretary is not a party.
* * * * *
PART 1982--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL
RAILROAD SAFETY ACT
0
109. The authority citation for part 1982 is revised to read as
follows:
Authority: 6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary of
Labor's Order 01-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012);
Secretary's Order No. 01-2020, 85 FR 13186 (March 6, 2020).
0
110. In Sec. 1982.105, revise paragraph (b) to read as follows:
Sec. 1982.105 Decision and orders of the Administrative Review Board.
Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent
under NTSSA to request award of attorney fees not exceeding $1,000 from
the administrative law judge (ALJ) regardless of whether the respondent
has filed objections, if the respondent alleges that the complaint was
frivolous or brought in bad faith. The findings and, where appropriate,
the preliminary order also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
111. In Sec. 1982.106, revise paragraph (a) to read as follows:
Sec. 1982.106 Objections to the findings and the preliminary order
and requests for a hearing.
(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 Sec. 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
transmittal is considered the date of filing; if the objection is filed
in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on 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.
* * * * *
0
112. In Sec. 1982.107, revise paragraph (b) to read as follows:
Sec. 1982.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. Administrative Law Judges have broad
discretion to limit discovery in order to expedite the hearing.
* * * * *
0
113. In Sec. 1982.110, revise paragraph (c) to read as follows:
Sec. 1982.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
denied or 14 days after a new decision is issued. The ARB's decision
will be served upon all parties and the Chief Administrative Law Judge.
The decision also will be served on the Assistant Secretary, and on the
Associate Solicitor, Division of Fair Labor Standards, U.S. Department
of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1983--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF
2008
0
114. The authority citation for part 1983 is revised to read as
follows:
Authority: 15 U.S.C. 2087; Secretary's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR
13186 (March 6, 2020).
0
115. In Sec. 1983.105, revise paragraph (b) to read as follows:
Sec. 1983.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney's fees not exceeding $1,000 from the ALJ,
regardless of whether the respondent has filed objections, if the
respondent alleges that the complaint was frivolous or brought in bad
faith. The findings and, where appropriate, the preliminary order also
will give the address of the Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate information regarding filing
objections electronically with the Office of Administrative Law Judges.
At the same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
116. In Sec. 1983.106, revise paragraph (a) to read as follows:
Sec. 1983.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney's fees under CPSIA, 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 Sec. 1983.105. The objections,
request for a hearing, and/or request for attorney's 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's fees. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on 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.
* * * * *
0
117. In Sec. 1983.107, revise paragraph (b) to read as follows:
Sec. 1983.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
118. In Sec. 1983.110, revise paragraph (c) to read as follows:
Sec. 1983.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision will also be served on the Assistant Secretary
and on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1984--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT
0
119. The authority citation for part 1984 is revised to read as
follows:
Authority: 29 U.S.C. 218C; Secretary of Labor's Order 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No.
01-2020, 85 FR 13186 (March 6, 2020).
0
120. In Sec. 1984.105, revise paragraph (b) as follows:
Sec. 1984.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the
administrative law judge (ALJ), regardless of whether the respondent
has filed objections, if respondent alleges that the complaint was
frivolous or brought in bad faith. The findings, and where appropriate,
the preliminary order, also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
121. In Sec. 1984.106, revise paragraph (a) to read as follows:
Sec. 1984.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under section 18C of the FLSA, 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 Sec. 1984.105(b).
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
and/or the preliminary order, and/or whether there should be an award
of attorney fees. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on 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.
* * * * *
0
122. In Sec. 1984.107, revise paragraph (b) to read as follows:
Sec. 1984.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
123. In Sec. 1984.110, revise paragraph (c) to read as follows:
Sec. 1984.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision will also be served on the Assistant Secretary,
and on the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1985--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE
EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION
ACT OF 2010
0
124. The authority citation for part 1985 is revised to read as
follows:
Authority: 12 U.S.C. 5567; Secretary of Labor's Order No. 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No.
01-2020, 85 FR 13186 (March 6, 2020).
0
125. In Sec. 1985.105, revise paragraph (b) to read as follows:
Sec. 1985.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the ALJ,
regardless of whether the respondent has filed objections, if the
respondent alleges that the complaint was frivolous or brought in bad
faith. The findings and, where appropriate, the preliminary order also
will give the address of the Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate information regarding filing
objections electronically with the Office of Administrative Law Judges.
At the same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
126. In Sec. 1985.106, revise paragraph (a) to read as follows:
Sec. 1985.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under CFPA, 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 Sec. 1985.105. 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 transmittal
is considered the date of filing; if the objection is filed in person,
by hand-delivery or other means, the objection is filed upon receipt.
Objections must be filed with the Chief Administrative Law Judge, U.S.
Department of Labor, in accordance with 29 CFR part 18, and copies of
the objections must be served at the same time on 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.
* * * * *
0
127. In Sec. 1985.107, revise paragraph (b) to read as follows:
Sec. 1985.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
128. In Sec. 1985.110, revise paragraph (c) to read as follows:
Sec. 1985.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
decision of the ALJ, unless a motion for reconsideration has been filed
with the ALJ in the interim. In such case, the conclusion of the
hearing is the date the motion for reconsideration is ruled upon or 14
days after a new decision is issued. The ARB's decision will be served
upon all parties and the Chief Administrative Law Judge. The decision
will also be served on the Assistant Secretary and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor,
even if the Assistant Secretary is not a party.
* * * * *
PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION
ACT (SPA), AS AMENDED
0
129. The authority citation for part 1986 is revised to read as
follows:
Authority: 46 U.S.C. 2114; 49 U.S.C. 31105; Secretary's Order 1-
2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order
01-2020, 85 FR 13186 (March 6, 2020).
0
130. In Sec. 1986.105, revise paragraph (b) to read as follows:
Sec. 1986.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
the order and to request a hearing. The findings and, where
appropriate, the preliminary order also will give the address of the
Chief Administrative Law Judge, U.S. Department of Labor, or
appropriate information regarding filing objections electronically with
the Office of Administrative Law Judges. At the same time, the
Assistant Secretary will file with the Chief Administrative Law Judge a
copy of the original complaint and a copy of the findings and/or order.
* * * * *
0
131. In Sec. 1986.106, revise paragraph (a) to read as follows:
Sec. 1986.106 Objections to the findings and the preliminary order
and request for a hearing.
(a) Any party who desires review, including judicial review, must
file any objections and a request for a hearing on the record within 30
days of receipt of the findings and preliminary order pursuant to Sec.
1986.105(c). The objections and request for a hearing must be in
writing and state whether the objections are to the findings and/or the
preliminary order. The date of the postmark, facsimile transmittal, or
electronic transmittal is considered the date of filing; if the
objection is filed in person, by hand-delivery or other means, the
objection is filed upon receipt. Objections must be filed with the
Chief Administrative Law Judge, U.S. Department of Labor, in accordance
with 29 CFR part 18, and copies of the objections must be served at the
same time on the other parties of record, and the OSHA official who
issued the findings.
* * * * *
0
132. In Sec. 1986.107, revise paragraph (b) to read as follows:
Sec. 1986.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
133. In Sec. 1986.110, revise paragraph (c) to read as follows:
Sec. 1986.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case, the
conclusion of the hearing is the date the motion for reconsideration is
ruled upon or 14 days after a new decision is issued. The ARB's
decision will be served upon all parties and the Chief Administrative
Law Judge. The decision also will be served on the Assistant Secretary
and on the Associate Solicitor, Division of Occupational Safety and
Health, U.S. Department of Labor, even if the Assistant Secretary is
not a party.
* * * * *
PART 1987--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER
SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT
0
134. The authority citation for part 1987 is revised to read as
follows:
Authority: 21 U.S.C. 399d; Secretary of Labor's Order No. 1-2012
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No.
01-2020, 85 FR 13186 (March 6, 2020).
0
135. In Sec. 1987.105, revise paragraph (b) to read as follows:
Sec. 1987.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the
administrative law judge (ALJ), regardless of whether the respondent
has filed objections, if the respondent alleges that the complaint was
frivolous or brought in bad faith. The findings and, where appropriate,
the preliminary order also will give the address of the Chief
Administrative Law Judge, U.S. Department of Labor, or appropriate
information regarding filing objections electronically with the Office
of Administrative Law Judges. At the same time, the Assistant Secretary
will file with the Chief Administrative Law Judge a copy of the
original complaint and a copy of the findings and/or order.
* * * * *
0
136. In Sec. 1987.106, revise paragraph (a) to read as follows:
Sec. 1987.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under FSMA, 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 Sec. 1987.105. 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 transmittal
is considered the date of filing; if the objection is filed in person,
by hand-delivery or other means, the objection is filed upon receipt.
Objections must be filed with the Chief Administrative Law Judge, U.S.
Department of Labor, in accordance with 29 CFR part 18, and copies of
the objections must be served at the same time on 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.
* * * * *
0
137. In Sec. 1987.107, revise paragraph (b) to read as follows:
Sec. 1987.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
138. In Sec. 1987.110, revise paragraph (c) to read as follows:
Sec. 1987.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
date of the decision of the ALJ, unless a motion for reconsideration
has been filed with the ALJ in the interim. In such case the conclusion
of the hearing is the date the motion for reconsideration is denied or
14 days after a new decision is issued. The ARB's decision will be
served upon all parties and the Chief Administrative Law Judge. The
decision will also be served on the Assistant Secretary and on the
Associate Solicitor, Division of Fair Labor Standards, U.S. Department
of Labor, even if the Assistant Secretary is not a party.
* * * * *
PART 1988--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER
SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY
ACT (MAP-21)
0
139. The authority citation for part 1988 is revised to read as
follows:
Authority: 49 U.S.C. 30171; Secretary of Labor's Order No. 1-
2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order
No. 01-2020, 85 FR 13186 (March 6, 2020).
0
140. In Sec. 1988.105, revise paragraph (b) to read as follows:
Sec. 1988.105 Issuance of findings and preliminary orders.
* * * * *
(b) The findings and, where appropriate, the preliminary order will
be sent by means that allow OSHA to confirm delivery to all parties of
record (and each party's legal counsel if the party is represented by
counsel). The findings and, where appropriate, the preliminary order
will inform the parties of the right to object to the findings and/or
order and to request a hearing, and of the right of the respondent to
request an award of attorney fees not exceeding $1,000 from the ALJ,
regardless of whether the respondent has filed objections, if the
respondent alleges that the complaint was frivolous or brought in bad
faith. The findings and, where appropriate, the preliminary order also
will give the address of the Chief Administrative Law Judge, U.S.
Department of Labor, or appropriate information regarding filing
objections electronically with the Office of Administrative Law Judges.
At the same time, the Assistant Secretary will file with the Chief
Administrative Law Judge a copy of the original complaint and a copy of
the findings and/or order.
* * * * *
0
141. In Sec. 1988.106, revise paragraph (a) to read as follows:
Sec. 1988.106 Objections to the findings and the preliminary order
and requests for a hearing.
(a) Any party who desires review, including judicial review, of the
findings and/or preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under MAP-21, 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 Sec. 1988.105. 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
transmittal is considered the date of filing; if the objection is filed
in person, by hand-delivery or other means, the objection is filed upon
receipt. Objections must be filed with the Chief Administrative Law
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and
copies of the objections must be served at the same time on 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.
* * * * *
0
142. In Sec. 1988.107, revise paragraph (b) to read as follows:
Sec. 1988.107 Hearings.
* * * * *
(b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties of the day, time, and place of hearing. The
hearing is to commence expeditiously, except upon a showing of good
cause or unless otherwise agreed to by the parties. Hearings will be
conducted de novo on the record. ALJs have broad discretion to limit
discovery in order to expedite the hearing.
* * * * *
0
143. In Sec. 1988.110, revise paragraph (c) to read as follows:
Sec. 1988.110 Decision and orders of the Administrative Review Board.
* * * * *
(c) The decision of the ARB will be issued within 120 days of the
conclusion of the hearing, which will be deemed to be 14 days after the
decision of the ALJ, unless a motion for reconsideration has been filed
with the ALJ in the interim. In such case, the conclusion of the
hearing is the date the motion for reconsideration is ruled upon or 14
days after a new decision is issued. The ARB's decision will be served
upon all parties and the Chief Administrative Law Judge. The decision
will also be served on the Assistant Secretary and on the Associate
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor,
even if the Assistant Secretary is not a party.
* * * * *
Title 41: Public Contracts and Property Management
PART 60-30--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO
ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246
0
144. The authority citation for part 60-30 continues to read as
follows:
Authority: Executive Order 11246, as amended, 30 FR 12319, 32 FR
14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 38
U.S.C. 4212, as amended.
0
145. In Sec. 60-30.4, revise paragraphs (b) and (c) to read as
follows:
Sec. 60-30.4 Form, filing, service of pleadings and papers.
* * * * *
(b) Service. Service upon any party shall be made by the party
filing the pleading or document in accordance with 29 CFR part 26. When
a party is represented by an attorney, the service shall be upon the
attorney.
(c) Proof of service. A certificate of the person serving the
pleading or other document, setting forth the manner of service, shall
be proof of the service.
Signed on this 14th day of December, 2020, in Washington, DC.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020-28055 Filed 1-8-21; 8:45 am]
BILLING CODE 4510-HW-P
