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OSHA 1955.41

Administrative law judge decisions

1955 Subpart E

14 Questions & Answers

Questions & Answers

Under 1955.41(a), how long do parties have to file proposed findings of fact, conclusions of law, and rules or orders after the transcript is filed with the administrative law judge?

Parties generally have 30 days to file proposed findings, conclusions, and rules or orders after receiving notice that the transcript has been filed with the administrative law judge. See 1955.41(a).

  • The judge may grant additional time if needed; the regulation explicitly allows the administrative law judge to extend the deadline.
  • Your filing must be served on all other parties and must cite the portions of the record and authorities relied upon per the same provision.

Under 1955.41(a), what must be included in the brief that accompanies proposed findings and orders?

The brief must explain the reasons for each proposal and refer to the portions of the record and authorities that support them. See 1955.41(a).

  • Include citations to the transcript, exhibits, or other record items you rely on.
  • Cite legal authorities (statutes, regulations, case law) that support your legal conclusions.
  • Serve the brief and proposals on all other parties as required by the rule.

Under 1955.41(a), who must be served with proposed findings of fact, conclusions of law, and supporting briefs?

All other parties to the proceeding must be served with the proposed findings, conclusions, and supporting brief. See 1955.41(a).

  • Service ensures every party can respond and that the administrative law judge has a complete record of positions taken.

Under 1955.41(b)(1), when does the administrative law judge's initial decision become final if no exceptions are filed?

The initial decision becomes final on the 30th day after it is served if no exceptions are filed before then. See 1955.41(b)(1).

  • If exceptions are filed within that 30-day period, the decision is not final until those exceptions are resolved according to applicable procedures.

Under 1955.41(b)(2), what standard must the administrative law judge use when deciding a case?

The administrative law judge must base the decision solely on substantial evidence on the record as a whole. See 1955.41(b)(2).

  • "Substantial evidence" means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
  • The judge cannot rely on matters outside the official record.

Under 1955.41(b)(2)(i), what must the administrative law judge include about findings and conclusions?

The judge must include a statement of findings of fact and conclusions of law, with the reasons and bases for each material issue presented on the record. See 1955.41(b)(2)(i).

  • Each material issue of fact, law, or discretion must be addressed with an explanation of the basis for the judge's decision.
  • This requirement helps parties and reviewing bodies understand how the judge reached the result.

Under 1955.41(b)(2)(ii), how should the administrative law judge handle facts that are officially noticed?

The judge must reference any material fact that is based on official notice in the decision. See 1955.41(b)(2)(ii).

  • If the judge takes judicial notice of facts (e.g., public records, widely known facts), those facts must be explicitly referenced so the basis for the decision is clear.

Under 1955.41(b)(2)(iii), what must the administrative law judge include about orders or relief in the decision?

The decision must include the appropriate rule, order, relief, or denial of relief. See 1955.41(b)(2)(iii).

  • The decision should clearly state what the affected party must do (or that relief is denied), including any deadlines or conditions for compliance.

Under 1955.41(b), what does it mean that the decision must be based "on the record as a whole"?

It means the judge must consider all evidence and filings in the official record, not just selected parts, and base the decision on the totality of that evidence. See 1955.41(b)(2).

  • The judge cannot introduce outside information or ignore significant parts of the record.
  • Parties should make sure relevant evidence and arguments are fully presented in the record because the judge's decision must reflect the complete record.

Under 1955.41(a), can the administrative law judge extend the time to file proposed findings and briefs, and if so, how should a party request that extension?

Yes, the administrative law judge may allow additional time beyond the 30 days, and a party should file a written request explaining the reason for the extension. See 1955.41(a).

  • State the specific reasons (e.g., complexity, need for additional record review) and the additional time requested.
  • Serve the extension request on all other parties so they have notice and an opportunity to object.

Under 1955.41(b)(1), what happens if a party files exceptions to the administrative law judge's initial decision before the 30-day finalization period ends?

If exceptions are filed within the 30-day period, the initial decision does not become final on the 30th day, and the exceptions must be considered according to the applicable appellate procedures. See 1955.41(b)(1).

  • Filing exceptions preserves the right to seek review of the judge's decision.
  • Follow the specific rules for filing exceptions in the governing procedural rules or agency guidance.

Under 1955.41(a), does a party have to cite authorities when filing proposed findings and conclusions?

Yes, the party's proposals and supporting brief must refer to authorities relied upon in support of each proposal. See 1955.41(a).

  • Authorities include statutes, regulations, case law, or other legal sources that support your positions.
  • Proper citations help the judge and opposing parties evaluate the legal basis for your proposals.

Under 1955.41(b)(2), why must the administrative law judge state all facts officially noticed and relied upon?

Stating all officially noticed facts ensures transparency about non-evidentiary facts the judge used and allows parties or reviewers to understand the full factual basis of the decision. See 1955.41(b)(2).

  • This practice prevents surprise, permits challenge on review if appropriate, and documents the basis for the outcome.

Under 1955.41(b)(2)(i), how specific must the administrative law judge be when explaining the reasons and bases for each material issue?

The judge must provide a reasoned explanation for each material issue of fact, law, or discretion—enough detail to show how the decision follows from the record and legal principles. See 1955.41(b)(2)(i).

  • Short conclusory statements are insufficient; the findings should connect evidence to conclusions.
  • Enough detail should be included so an appellate reviewer can assess whether substantial evidence supports the decision.