Judicial review procedures

Under 1955.47 the State may obtain judicial review of a decision by the Secretary.

• This regulation explicitly gives the State the right to seek judicial review; it does not grant that right to private employers or individuals in this text.
• For procedural details about how to seek review (timing, venue, and scope), follow the procedures set forth in section 18(g) of the Occupational Safety and Health Act, as referenced in the regulation.

Under 1955.47 the State may obtain judicial review of a decision by the Secretary related to the withdrawal of approval of State plans.

• The section appears in the part titled "Procedures for Withdrawal of Approval of State Plans," so the practical context is decisions about withdrawing a State plan's approval.
• For the specific scope and limits of review, consult section 18(g) of the Occupational Safety and Health Act as the regulation directs.

Under 1955.47 the State must obtain judicial review in accordance with section 18(g) of the Occupational Safety and Health Act.

• The regulation points you to the statutory procedures in section 18(g) for details such as filing deadlines, the proper court, and the record that will be reviewed.
• Also review the broader Part 1955 for related procedures about withdrawal of approval of State plans.

Under 1955.47 the text does not say that filing for judicial review automatically stays the Secretary’s decision.

• The regulation simply states that the State may obtain judicial review in accordance with section 18(g) of the Act, so whether a filing stays the decision depends on the procedures and remedies provided by section 18(g) and the court’s orders.
• To determine whether a stay or injunction is available, consult section 18(g) of the Occupational Safety and Health Act and the relevant court rules.

Under 1955.47 the regulation does not specify finality and instead refers the State to section 18(g) of the Act for judicial review procedures.

• Whether a particular Secretary action is reviewable (interim vs. final) will be determined by the standards and timelines in section 18(g) and applicable case law.
• Consult section 18(g) of the Occupational Safety and Health Act for rules about when judicial review is available and which agency actions are reviewable.

Under 1955.47 the regulation specifically authorizes the State to obtain judicial review; it does not grant that same right to private parties in this rule.

• If a private party seeks review of an agency action, they must look to other statutory provisions or judicial doctrines that might allow their review; 1955.47 itself addresses the State’s right.
• For the State’s procedures and rights, refer to section 18(g) of the Occupational Safety and Health Act as referenced in the regulation.

Under 1955.47 you can read the concise rule that the State may obtain judicial review of a decision by the Secretary.

• The rule is part of Part 1955, which covers procedures for withdrawal of approval of State plans and includes subpart E on hearings and decisions.

Under 1955.47 the timing and venue for the State’s judicial review are governed by section 18(g) of the Occupational Safety and Health Act.

• The regulation refers the State to section 18(g) for the specific statutory procedures, including deadlines and which court has jurisdiction.
• Consult section 18(g) of the Act and related judicial decisions for exact timing and venue requirements.

Under 1955.47 the regulation does not establish a different or special procedure; it directs the State to follow section 18(g) of the Occupational Safety and Health Act.

• That means the statutory judicial-review procedures in section 18(g) govern the process rather than additional procedures in this regulation.
• For any procedural details or exceptions, review section 18(g) of the Act and the rest of Part 1955.

Under 1955.47 it is important because the regulation expressly requires the State to obtain judicial review in accordance with section 18(g) of the Occupational Safety and Health Act.

• Section 18(g) sets out the legal framework—such as who may sue, the proper forum, deadlines, and what the court may review—so following it ensures the State’s challenge is filed correctly and timely.
• For the context of the Secretary’s decision that can be reviewed, also consult related provisions in Part 1955 concerning withdrawal of approval of State plans.