Administrative Review Board decisions

You must file a written petition for review within 14 days of the date of the ALJ decision. See 1978.110(a).

• The date of the postmark, facsimile transmittal, or electronic transmittal is considered the filing date if you mail, fax, or email the petition.
• If you hand-deliver the petition, it is considered filed on the date it is received.
• The petition must be served on all parties and on the Chief Administrative Law Judge when filed with the ARB.

You must identify the specific legal conclusions or orders of the ALJ that you object to in the petition, or those objections may be deemed waived. See 1978.110(a).

• Be specific: point to particular findings, legal conclusions, or parts of the order you contest.
• Serve your petition on all parties and on the Chief Administrative Law Judge when you file with the ARB.

The filing date is the date of the postmark, facsimile transmittal, or electronic communication; for in-person or hand-delivered filings the date of receipt is the filing date. See 1978.110(a).

• Keep proof: retain the postal receipt, fax confirmation, or electronic timestamp to document the filing date.
• If hand-delivering, get a stamped receipt or other official acknowledgement of receipt.

If a timely petition for review is filed, the ALJ decision becomes the final order of the Secretary unless the ARB issues an order accepting the case for review within 30 days of the petition filing. See 1978.110(b).

• If the ARB accepts the case for review, the ALJ decision is inoperative unless and until the ARB adopts it.
• An exception: if the ALJ ordered reinstatement, that reinstatement remains effective during ARB review unless the ARB grants a respondent's motion to stay for exceptional circumstances.

The ARB must notify the parties that it has accepted the case for review within 30 days of the filing of a timely petition for review. See 1978.110(b).

• If the ARB does not issue such a notice within 30 days, the ALJ decision becomes the final order of the Secretary.

The ARB reviews the ALJ's factual determinations under the substantial evidence standard. See 1978.110(b).

• "Substantial evidence" means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
• Legal conclusions and mixed questions of law and fact may be reviewed de novo where applicable, but pure factual findings are measured against substantial evidence.

Copies of the petition for review and all briefs must be served on the Assistant Secretary and, if the Assistant Secretary is a party, on the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor. See 1978.110(b).

• Serve all parties as required and keep proof of service for each recipient.
• Follow any additional service instructions the ARB may specify when it accepts review.

The ARB will issue its decision within 120 days of the conclusion of the hearing. See 1978.110(c).

• The hearing is deemed concluded 14 days after the date of the ALJ decision unless a timely motion for reconsideration has been filed with the ALJ.
• If a motion for reconsideration is filed, the hearing concludes when that motion is ruled on or 14 days after a new ALJ decision is issued.

If a timely motion for reconsideration is filed with the ALJ, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. See 1978.110(c).

• This extends the starting point for the ARB's 120-day decision clock until the ALJ rules on the motion or issues a new decision.

The ARB's decision will be served upon all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Occupational Safety and Health. See 1978.110(c).

• The ARB serves the Assistant Secretary and Associate Solicitor even if the Assistant Secretary is not a party to the case.

If the ARB concludes the respondent violated the law, it can order relief including reinstatement, back pay with interest, compensation for special damages (including litigation costs and reasonable attorney and expert fees), and punitive damages up to $250,000. See 1978.110(e).

• Reinstatement must restore the complainant to the same compensation, terms, conditions, and privileges of employment.
• Interest on back pay is calculated using the rate under 26 U.S.C. 6621 and compounded daily (see 1978.110(e)).

If the ARB concludes there was no violation, it will issue an order denying the complaint. See 1978.110(e).

• That denial is subject to discretionary review by the Secretary as provided in Secretary's Order 01-2020 (or any successor order).

No; if no timely petition for review is filed, the resulting final order is not subject to judicial review. See 1978.110(c).

• Filing a timely petition for review is therefore crucial if you want to preserve the right to further judicial review.

Interest on back pay is calculated using the interest rate applicable to underpayments of taxes under 26 U.S.C. 6621 and is compounded daily. See 1978.110(e).

• Use the applicable IRS interest rate under 26 U.S.C. 6621 for the relevant period and compound daily to compute the total interest due on back pay awards.

An ALJ-ordered reinstatement remains effective while the ARB conducts review unless the ARB grants a respondent's motion to stay that order based on exceptional circumstances. See 1978.110(b).

• A respondent seeking a stay must show exceptional circumstances that justify suspending reinstatement during review.
• The ARB will specify terms and timing for filings if it accepts review.

Paragraphs (a) and (b) apply to all cases in which the decision of the ALJ was issued on or after August 31, 2010. See 1978.110(f).

• For ALJ decisions issued before that date, different transitional rules or prior versions of the regulations may apply.

To ensure a petition is timely and properly served, file within 14 days of the ALJ decision, use a method that gives verifiable proof of filing, and serve copies on all parties and the Chief Administrative Law Judge at the time of filing. See 1978.110(a) and 1978.110(b).

• Use certified mail with return receipt, an acknowledged hand-delivery, an electronic filing system that timestamps submissions, or retain fax/email transmission confirmations.
• Include clear identification of the ALJ findings or orders you object to to avoid waiver of issues.