Decision of hearing examiner

Under 1921.13(a), the reporter must transmit to the Chief Hearing Examiner copies of the transcript of the testimony and the exhibits introduced in evidence at the hearing (except copies already forwarded to the hearing examiner).

• This transmission should occur "as soon as practicable" after the hearing ends. See the Filing of transcript of evidence in 1921.13(a).
• If you are the reporter, send copies promptly and confirm receipt with the Chief Hearing Examiner's office if there is any uncertainty about delivery.

Under 1921.13(b), each party has 10 days after receiving notice that the transcript has been filed to file proposed findings, conclusions, and order, unless the hearing examiner grants additional time.

• The rule expressly allows the hearing examiner to extend this period: "or such additional time as the hearing examiner may allow." See Proposed findings of fact, conclusions, and orders in 1921.13(b).
• If you need more time, request an extension from the hearing examiner before the deadline.

Under 1921.13(b), proposed filings must include the proposed findings of fact, conclusions of law, and an order, plus a supporting brief that explains the reasons for the proposals and provides adequate references to the record and authorities relied upon.

• The filing must be served on all parties. See the detailed requirements in 1921.13(b).
• Practical items to include: citations to transcript page/line numbers, exhibit numbers, and legal authorities or precedent you rely on.

Under 1921.13(c), the hearing examiner's decision becomes the decision of the Assistant Secretary 20 days after service of the decision unless exceptions are timely filed as provided in 1921.14 (except in cases covered by 1921.8(b)).

• See the timing and exception reference in Decision of the hearing examiner 1921.13(c) and for how to file exceptions consult 1921.14.
• If you want to challenge the decision, follow the exception procedure in 1921.14 within the time allowed.

Under 1921.13(c)(1), the decision must include findings and conclusions with the reasons and bases for each material issue of fact, law, or discretion presented on the record.

• The decision should state how the examiner resolved each key issue and the factual or legal support for that resolution. See 1921.13(c)(1).
• This requirement helps parties understand the rationale and provides a record to review if exceptions are filed.

Under 1921.13(c)(2), the decision must include an appropriate order issued by the hearing examiner.

• The decision must state not only findings and reasons but also the specific order that will be entered. See 1921.13(c)(2).
• The decision (except in 1921.8(b) cases) must be based on the whole record and supported by reliable, probative, and substantial evidence on the basis of the preponderance of the evidence; see 1921.13(c).

Under 1921.13(c), the hearing examiner's decision must be based on consideration of the whole record and supported by reliable, probative, and substantial evidence, applying the preponderance of the evidence standard.

• This means the examiner should weigh all testimony and exhibits and explain why the evidence supports the conclusions reached. See Decision of the hearing examiner 1921.13(c).
• Prepare your record with clear, admissible evidence because the decision must rest on the preponderance of that evidence.

Under 1921.13(c), the phrase means that the specific content and timing rules for the hearing examiner's decision in 1921.13(c) do not apply to cases governed by 1921.8(b); those cases are treated differently under 1921.8(b).

• To understand what is different for these cases, consult 1921.8(b) and review 1921.13(c).
• If you believe your case falls under 1921.8(b), identify that section's specific rules early and raise them with the hearing examiner.

Under 1921.13(c), if the parties submit an agreement containing consent findings and an order, the hearing examiner will prepare a decision after the date of submission of that agreement, and that decision becomes the Assistant Secretary's decision 20 days after service unless exceptions are filed (subject to 1921.8(b) exceptions).

• The agreement streamlines the decision process, but the examiner still prepares a formal decision reflecting the consent findings. See 1921.13(c).
• Parties should ensure the consent findings and order are clear, complete, and properly signed before submission.

Under 1921.13(b), proposed findings must be served upon all parties, and the filings must include adequate references to the record and authorities relied upon.

• Serve every other party with your proposed findings, supporting brief, and references so they have the opportunity to respond. See 1921.13(b).
• Practical service elements include identifying transcript pages, exhibit numbers, and legal citations in the supporting brief.

Yes. Under 1921.13(b), the hearing examiner may allow additional time beyond the 10 days for filing proposed findings, conclusions, and orders.

• If you need more time, request the extension from the hearing examiner before the 10‑day period expires. See 1921.13(b).
• Make your extension request in writing and explain the reasons so the hearing examiner can rule on it promptly.

Under 1921.13(a), "as soon as practicable" means the reporter should forward copies of the transcript and exhibits promptly after the hearing ends rather than waiting a fixed long period.

• The rule does not set a specific number of days, so the expectation is timely transmission; if delay is unavoidable, notify the Chief Hearing Examiner's office. See 1921.13(a).
• If you are a party relying on the transcript, follow up with the reporter or the Chief Hearing Examiner if receipt appears delayed.

Under 1921.13(a), the reporter transmits copies of the transcript and exhibits to the Chief Hearing Examiner except for those copies that are forwarded to the hearing examiner.

• In practice, this means the reporter provides the Chief Hearing Examiner with duplicate copies beyond the set forwarded to the hearing examiner. See 1921.13(a).
• If you need confirmation of which office has received which copy, contact the hearing examiner's office or the Chief Hearing Examiner's office directly.

Under 1921.13(b), adequate references to the record mean giving specific citations (transcript pages/lines and exhibit numbers) and legal authority so the hearing examiner and other parties can verify your points.

• Useful practices: cite transcript page and line numbers, identify exhibit numbers and page locations, and provide pinpoint legal citations. See 1921.13(b).
• Well-documented references make it easier for the hearing examiner to adopt your proposed findings and reduce the chance of misunderstandings.

Under 1921.13(c) and 1921.13(c)(1), the hearing examiner must resolve each material factual or legal dispute by stating findings and conclusions with the reasons and bases for those determinations, relying on the whole record.

• The examiner should explain why one version of events or legal argument is preferred, referencing testimony, exhibits, and legal authorities. See [1921.13(c) and 1921.13(c)(1)](https://www.osha.gov/laws-regs/regulations/standardnumber/1921/1921.13#1921.13(c) and https://www.osha.gov/laws-regs/regulations/standardnumber/1921/1921.13#1921.13(c)(1)).
• Parties should therefore ensure their evidence and legal arguments are clearly presented in the record.

Under 1921.13(c), parties should present clear, well-documented testimony and exhibits so the decision can be based on reliable, probative, and substantial evidence and a preponderance of the record.

• Practical steps: introduce exhibits with clear identifiers, use witness examination to tie factual claims to documentary evidence, and cite sources in proposed findings. See 1921.13(c).
• The better the record, the more straightforward it is for the hearing examiner to make reasoned findings and conclusions.

You must file exceptions according to the procedures and timing set out in 1921.14; those rules govern how and when exceptions to the hearing examiner's decision may be filed.

• See 1921.14 for the required steps and deadlines referenced in 1921.13(c).
• Follow 1921.14 closely to avoid missing filing deadlines that could make the hearing examiner's decision the Assistant Secretary's decision by operation of law.